The professional landscape is more competitive than ever, and many job seekers find themselves asking: “Can I still get hired with a past mistake?” If you are looking to start fresh or pivot into a new industry, you might be worried about certain misdemeanors that prevent employment. While a criminal record can present hurdles, it is important to know that California’s evolving legal landscape has shifted significantly in favor of the applicant.
Between updated “Clean Slate” protections and strengthened Fair Chance laws, a misdemeanor conviction is no longer the automatic “red light” it once was. This article explores how to navigate these obstacles, identifies the specific crimes that require extra care, and outlines the powerful 2026 laws designed to help you mitigate your record and secure your next role.
What types of crimes are considered to be misdemeanors?
That traffic ticket you got three years ago and have since paid for most likely wasn’t considered to be a misdemeanor. A traffic ticket is typically considered to be an infraction. Crimes that are considered to be misdemeanors include but are not limited to, shoplifting, domestic violence, reckless driving, DUI, and prostitution. The penalty for a misdemeanor typically includes fines and court assessments, and/or up to one year in county jail.
In California, which sources are included when running a background check?
Public records as well as private records such as court, DMV, and employment verification records are reviewed as part of the background check. If you work in a managerial position, law enforcement, or a role where you handle significant assets, an employer can run a credit check and a civil court check to assist them in making a decision.
Note: As of 2026, California courts have removed certain identifiers (like full dates of birth) from public indexes to protect privacy. This may lead to longer processing times for background checks as agencies work to verify identities.
What is the Fair Chance Act (Formerly Ban the Box)?
In 2018, California’s Fair Chance Act went into effect, colloquially known as “Ban the Box.” As of 2026, this law has been significantly strengthened by the Fair Chance Improvement Act. Employers are strictly prohibited from asking about your criminal history on initial applications. They may only inquire about your record after a conditional offer of employment has been made.
There are a few exceptions: law enforcement, positions within the criminal justice system, and very small businesses with fewer than five employees are excluded. However, for the vast majority of California workers, this law ensures you are judged on your merits before your past is even discussed.
Can an employer rescind a job offer because of a misdemeanor?
Even after a background check is run, California law requires an “Individualized Assessment.” An employer cannot simply see a misdemeanor and revoke an offer. They must document in writing how the specific conviction has a direct and adverse relationship to the specific job duties. If they decide to rescind the offer, they must provide you with:
- A written notice identifying the conviction at issue.
- A copy of the background report.
- Five business days to respond, dispute the accuracy, or provide evidence of rehabilitation (with an additional five days available if you notify them you are gathering evidence).
Additionally, under SB 700, California employers are prohibited from discriminating against applicants based on prior cannabis use or non-work-related cannabis convictions found in a criminal history report.
Can you get a job with a misdemeanor on your record?
Yes, you can. While some misdemeanors might make specific roles more challenging—such as a DUI preventing you from a job that requires a commercial driver’s license—the law is on your side.
Building on AB 1076, Senate Bill 731 significantly expanded “Clean Slate” protections. As of 2026, California automatically seals records for most individuals who have completed their sentence and remained conviction-free for four years. This means that for many people, their misdemeanor will no longer even appear on a standard employment background check. The law requires the courts to do this automatically, removing the need for you to file a complex petition in most cases.
Can you pass a background check with a misdemeanor?
If your record hasn’t been automatically sealed yet, the background check will show the misdemeanor. If you receive a conditional offer, it is often best to be prepared. Rather than waiting for the employer to find it, you can prepare a “Statement of Rehabilitation” to present during the Individualized Assessment phase. This proactive approach shows growth and responsibility.
Have a misdemeanor on record?
Our misdemeanor lawyer at the Law Office of David L. Faulkner can provide the representation needed to protect your rights and further reduce the impact of your charges. If your record hasn’t been sealed automatically, we can assist in petitioning the court to ensure your past doesn’t hold back your future.
Call us at (661) 324-4777 to schedule a free consultation, or email us at [email protected]
