Facing a misdemeanor charge in Texas can be a stressful and confusing time. For many, one of the first concerns after such a charge is how it could affect their job or chances of finding employment. While misdemeanors are not considered as serious as felonies, they can still carry significant consequences that extend beyond fines or possible jail time. One of the most important things to consider is how a misdemeanor can impact your employment, both in the short term and in the long term.
Many people assume that because misdemeanors are considered less severe than felonies, they will not have a major effect on their employment. However, this is not always the case. In Texas, misdemeanor charges and convictions can create various challenges when it comes to keeping a job or securing new employment. Employers have access to background checks, and a misdemeanor on your record could raise questions about your character or reliability. Understanding how a misdemeanor charge or conviction might influence your job situation is critical to protecting your livelihood and making informed decisions about your future. At, McCarty Larson, PLLC , we are here to guide you through the legal process and help you navigate the complexities of your case
The Difference Between Misdemeanors and Felonies in Texas
To better understand the potential impact of a misdemeanor charge on your employment, it is helpful to know how misdemeanors differ from felonies in Texas. Crimes in Texas are divided into two main categories: misdemeanors and felonies. Misdemeanors are typically less serious offenses, and they are further broken down into three categories: Class A, Class B, and Class C misdemeanors.
Class A misdemeanors are the most serious type of misdemeanor and can result in up to a year in county jail and fines of up to $4,000. Class B misdemeanors can lead to jail time of up to 180 days and fines of up to $2,000. Class C misdemeanors are the least serious and do not involve jail time, but they can still result in a fine of up to $500.
Felonies, on the other hand, are more severe crimes and can carry punishments that include years in prison and hefty fines. The distinction between misdemeanors and felonies is important because, generally, felony convictions have a more significant impact on employment prospects. However, this does not mean that misdemeanors are without consequences.
How Misdemeanor Charges Can Appear on Background Checks
Employers often conduct background checks when hiring new employees or reviewing the records of current employees. In Texas, misdemeanor charges and convictions are generally accessible to employers through these checks. A background check can show any past criminal charges, including misdemeanors, and can reveal whether those charges led to a conviction.
Even if a misdemeanor charge did not result in a conviction, it might still appear on a background check, raising red flags for employers. In some cases, an employer may see a pending charge, meaning the case has not yet been resolved. This can lead to concerns about whether the individual is reliable or trustworthy, even if they have not been found guilty.
Some employers may be more lenient when it comes to misdemeanor charges, especially if the offense is not related to the type of job being applied for. However, others might be more cautious, particularly if the charge involves behavior that could be seen as a risk to the company or its clients.
Misdemeanor Charges and Convictions Can Impact Certain Jobs
Certain industries are more likely to be affected by misdemeanor charges or convictions than others. Jobs that require a high level of trust, responsibility, or interaction with vulnerable populations, such as children, the elderly, or those with disabilities, may have stricter rules when it comes to hiring individuals with a criminal record. For example, teachers, healthcare workers, and employees in financial sectors may be more heavily scrutinized if they have a misdemeanor on their record.
In some cases, Texas law requires background checks for certain professions. For example, those applying for a job in childcare or education may be legally required to pass a background check free of any criminal convictions, including misdemeanors. Even a Class C misdemeanor could raise concerns for these employers, as they might feel that any criminal record could reflect poorly on the trustworthiness of the candidate.
Additionally, if the misdemeanor involved violence, theft, or dishonesty, it could be particularly damaging in industries where these qualities would be considered disqualifying. For instance, someone applying for a job that involves handling money may have a harder time securing the position if they have a theft-related misdemeanor on their record.
Employer Discretion in Texas
In Texas, employers have a great deal of discretion when it comes to hiring and firing decisions. This means that even if a misdemeanor charge does not legally disqualify someone from a particular job, an employer might still decide not to hire or retain that individual based on the criminal record.
Texas is an “at-will” employment state, meaning that employers can generally fire employees for any reason, as long as it is not discriminatory or illegal. This can include firing someone because of a misdemeanor charge or conviction. While there are some protections in place to prevent discrimination based on factors such as race, gender, or religion, criminal history is not a protected category. This gives employers the right to consider misdemeanor charges or convictions when making employment decisions.
However, some employers may be willing to overlook a misdemeanor if the offense occurred a long time ago or if the individual has demonstrated positive behavior since the charge. It is possible for someone with a misdemeanor on their record to explain the situation to the employer, highlight their skills and experience, and provide references that demonstrate they are still a valuable candidate.
How a Misdemeanor Can Affect Professional Licenses
Certain professions in Texas require employees to obtain and maintain professional licenses. If a person with a misdemeanor charge or conviction is seeking a job that requires a license, they may face additional hurdles. Licensing boards often review an applicant’s criminal history before granting or renewing a license. In some cases, a misdemeanor charge may disqualify an individual from receiving the necessary license, or it may result in the revocation of an existing license.
For example, individuals working in the medical field, law enforcement, or other regulated professions may be required to maintain a clean record in order to keep their license. If a misdemeanor conviction is considered serious enough, it could result in the loss of that license and, consequently, the loss of the job.
Sealing or Expunging a Misdemeanor Record in Texas
For those worried about how a misdemeanor charge or conviction might affect their employment prospects, there may be options to minimize the impact. In Texas, some misdemeanor records can be sealed or expunged, meaning they will no longer appear on a background check. This can make it easier to secure employment without the worry of a past mistake coming back to haunt you.
Expungement is the process of having a criminal record completely erased, while record sealing (known as an order of nondisclosure) restricts access to the record, allowing only certain entities to view it. Eligibility for expungement or record sealing depends on the nature of the charge and whether it resulted in a conviction. Those who are eligible for expungement or record sealing should consider pursuing this option to improve their chances of securing employment in the future.
How to Protect Your Job After a Misdemeanor Charge
If you have been charged with a misdemeanor in Texas, it is important to take steps to protect your employment and minimize the damage to your career. One of the first things you should do is seek legal advice to understand your rights and options. An attorney can help you navigate the legal process, defend you against the charges, and work toward the best possible outcome.
In some cases, it may be possible to get the charges reduced or dismissed, which can make a significant difference in how the situation affects your job. Even if a conviction seems likely, an attorney can provide guidance on how to handle the situation with your employer and what steps you can take to protect your career.
For those facing a misdemeanor charge, being proactive and taking the necessary steps to address the situation can help preserve employment opportunities and minimize the long-term consequences of the charge.
If you are facing a misdemeanor charge in Texas and are concerned about how it might affect your employment, you do not have to navigate this process alone. The team at McCarty Larson, PLLC understands the challenges you are facing and can provide the legal support you need to protect your future. Contact McCarty Larson, PLLC today to discuss your case and learn how we can help you defend your rights and work toward a positive outcome