Misdemeanors That Prevent Employment in Las Vegas

For many job seekers in Las Vegas, having a misdemeanor conviction can present significant obstacles during the hiring process. An employer conducts a background check to review an applicant’s criminal record, including any arrest, charge, or violation, which can impact their chances of securing a job. While misdemeanors are generally considered less severe than felonies, certain offenses can still result in disqualification from employment, leading to restrictions on job opportunities and difficulties in the application process. A sentence for a misdemeanor may further affect an individual’s ability to find work, depending on the severity of the offense.

Understanding how misdemeanor convictions affect a person’s job prospects, the role of background checks, and the legal protections available can help individuals navigate the job market more effectively. Factors such as the event leading to the conviction, whether a child was involved, and the offender’s age may influence hiring decisions. Questions about responsibility, the presence of a weapon, and the relevance of the position being applied for can also play a crucial role in an employer’s decision-making process. 

What Is a Misdemeanor?

A misdemeanor is a crime that is considered more serious than an infraction but less severe than a felony. In Nevada, misdemeanors typically carry penalties such as:

• Fines (up to $1,000)
• Community service
• Probation
• Jail time (up to one year)

Even though misdemeanor offenses may not lead to long-term imprisonment, they still appear on an individual’s criminal record, which can concern potential employers. Different types of misdemeanors fall under a specific section of the law, and an employer’s consideration often depends on the type of offense, the circumstances surrounding it, and any legal element that may impact job eligibility. 

How Employers Use Background Checks in Hiring

Most employers in Nevada conduct background checks to verify an applicant’s history before making hiring decisions. These checks may include reviewing evidence of past activity, assessing the duties the applicant previously held, and determining whether they were a defendant in any legal cases. Employees in certain industries must comply with specific statute requirements, and an order from the court may influence hiring eligibility. Additionally, some persons with a criminal record may face a restriction based on the nature of their past offenses. A background check may reveal:

• Convictions for misdemeanors and felonies
• Arrests (even if there was no conviction)
• Pending criminal charges
• Court records and sentencing information

Industries such as healthcare, law enforcement, education, and government have strict standards regarding criminal history. Some roles automatically disqualify applicants with specific misdemeanor convictions, especially positions that involve working as a government officer or peace officer. A failure to disclose past offenses during the hiring process can also lead to disqualification. Additionally, jobs that require interaction with vulnerable populations, such as being a parent or spouse in custody cases, may involve stricter background screening. A pending warrant or any questionable content in an applicant’s record can further impact employment eligibility. 

Common Misdemeanors That Can Prevent Employment

Certain misdemeanor offenses raise concerns for potential employers, particularly when they relate to the job’s responsibilities. Here are some of the most common misdemeanor crimes that can impact employment:

1. Theft and Fraud

Crimes related to theft, fraud, or burglary can be a significant concern for employers, especially for jobs that involve handling money, sensitive business information, or valuable assets. Classifying a misdemeanor offense is crucial in determining eligibility for certain positions. Retail, banking, and accounting positions often require a clean record regarding financial crimes due to the risk involved in these roles. The definition of financial misconduct varies by industry, and individuals facing theft defense may encounter additional challenges when seeking employment in these fields. 

2. Assault and Battery

Violence-related misdemeanors, including assault and battery, may prevent individuals from being hired for jobs that require direct interaction with people. Employers in healthcare, education, and security sectors conduct thorough background checks to screen for any history of violent behavior. For example, a law enforcement officer or a security guard must have a clean record, as any past action involving violence could disqualify them. During the job application process, courts may provide records that employers review before hiring. On the other hand, specific rehabilitation programs or legal links to expungement options may help individuals overcome these employment barriers. 

3. Domestic Violence

A domestic violence conviction can make it challenging to find a job in positions that involve working with vulnerable individuals, such as children, elderly patients, or people in custody. Employers in government, law enforcement, and healthcare often have policies against hiring individuals with domestic violence records. A thorough investigation into an applicant’s background may include a list of past offenses, including any history of substance abuse or violent behavior. The following industries, such as social work and education, are intensely interested in ensuring safety and may reject candidates with such convictions. Seeking Domestic Violence Defense or joining a support group can sometimes help individuals address their legal and employment challenges. 

4. Drug Offenses

A drug offense, including possession of controlled substances, can limit job opportunities in industries with strict licensing requirements. Healthcare, transportation, and law enforcement employers may automatically disqualify an employee with a drug offense on their record. In some cases, a history of involvement with drug crime defense can affect hiring decisions, especially in roles that require a high level of trust and responsibility. Termination from a previous job due to substance-related issues may also raise concerns for potential employers. Additionally, individuals with a history of drug offenses may struggle to provide strong references, and those with a disability related to substance abuse may face additional challenges in the hiring process. 

5. DUI (Driving Under the Influence)

A DUI conviction can impact employment eligibility for jobs that involve operating vehicles, including delivery drivers, truck drivers, and transportation services. Employers in these fields prioritize safety and often reject applicants with a history of DUI convictions. The character of an individual, along with their ability to perform essential functions, is a key consideration in hiring decisions. Specific roles may have a limitation on hiring individuals with DUI records, especially in positions that require a clean driving history. Additionally, an inquiry into a candidate’s background may be conducted based on the jurisdiction, as laws regarding DUI convictions vary by location. 

Factors Employers Consider When Evaluating Misdemeanor Records

When assessing an applicant’s criminal record, employers in Las Vegas take multiple factors into account, including:

• Nature of the offense: Whether the misdemeanor is relevant to the job
• Severity: More serious crimes may lead to automatic disqualification
• Time elapsed: Some employers are more lenient if the conviction occurred many years ago
• Rehabilitation: Participation in community service, counseling, or support groups may help improve an applicant’s chances

Legal Protections for Job Seekers with Misdemeanor Convictions

While employers can conduct background checks, applicants with a misdemeanor conviction have some legal protections. A specific provision exists to prevent unfair hiring practices, ensuring that individuals are not automatically disqualified based on past acts. However, if the offense involved the use of force or harm to a victim, an employer may have a duty to consider the loss or risk associated with hiring the applicant. Legal provisions may also vary depending on the industry and whether the position involves working in a government office or handling sensitive responsibilities. 

Ban-the-Box Laws

Some states have Ban-the-Box laws, prohibiting employers from asking about an applicant’s criminal record on initial job applications. However, Nevada does not have a statewide Ban-the-Box law, meaning agencies and private companies can ask about convictions during the hiring process. The passage of such laws in other states has helped many individuals secure jobs based on qualifications rather than past offenses. In Nevada, hiring decisions are often based on determining whether a prior conviction is relevant to the job role. 

Employment Discrimination Protections

Federal and state laws prevent employment discrimination based on race, sex, religion, and other protected categories. However, criminal history is generally not considered a protected category. Some exceptions apply, mainly when a charge or violation is unrelated to the job. Sometimes, a court ruling may determine whether a past offense should impact hiring decisions. Employers must also consider the nature of the issue and whether it directly affects the position’s responsibilities.

Record Sealing and Expungement

In some cases, individuals with misdemeanor convictions may be eligible to seal or expunge their records, preventing employers from accessing them during background checks. Legal assistance can help determine if an applicant qualifies for this process.

Steps to Improve Job Prospects After a Misdemeanor Conviction

If you have a misdemeanor conviction on your record, there are steps you can take to improve your chances of securing employment.

1. Apply for Jobs That Do Not Require Background Checks

Some jobs do not require background checks or may be more lenient with misdemeanor convictions. Industries such as construction, freelance work, and certain retail positions may be more open to hiring individuals with past offenses.

2. Seek Rehabilitation and Community Service

Demonstrating rehabilitation through community service, education, or participation in support groups can show employers that you are committed to making positive changes.

3. Work with a Las Vegas Attorney

Consulting a Las Vegas attorney specializing in DUI Defense, Theft Defense, and other Legal Practice Areas can help you explore options for expungement, record sealing, and protecting your employment rights.

Conclusion

Finding employment with a misdemeanor conviction in Las Vegas can be challenging, but it is not impossible. Understanding how background checks work, knowing which offenses may cause disqualification, and taking proactive steps toward rehabilitation can improve your chances of getting hired.

At Lipp Law LLC, we assist individuals with misdemeanor convictions in navigating the legal complexities of background checks, employment barriers, and expungement options. If you need legal assistance, contact us today to discuss your case and explore ways to protect your future.

Frequently Asked Questions

1. Can an employer refuse to hire me solely because of a misdemeanor?

In most cases, employers have the right to refuse employment based on a misdemeanor conviction, especially if the offense is relevant to the job. However, some industries are more lenient, and certain legal protections exist against unfair hiring practices.

2. How long does a misdemeanor stay on my record in Nevada?

A misdemeanor conviction remains on your criminal record indefinitely unless you take legal action to have it sealed. In Nevada, depending on the offense, you may be eligible to seal a misdemeanor after one to seven years.

3. Can I get a professional license with a misdemeanor?

It depends on the type of license and the nature of the misdemeanor. Licensing boards for healthcare, law, real estate, and other regulated professions often conduct background checks and may deny licenses based on certain convictions.

4. Will a dismissed misdemeanor still appear on a background check?

Yes, a dismissed misdemeanor can still appear on a background check but does not carry a conviction. You may be able to have the record sealed, making it inaccessible to most employers.

5. How do I explain a misdemeanor to a potential employer?

Be honest but strategic. Acknowledge the offense, emphasize what you’ve learned, and highlight how you’ve changed. Focus on your qualifications and why you’re a strong candidate.

6. Can a misdemeanor affect my chances of getting a security clearance?

Yes, some misdemeanor convictions can impact your ability to obtain a security clearance, mainly if they involve dishonesty, substance abuse, or violence. However, factors like the severity of the offense and time elapsed play a role.

7. Do all jobs require background checks?

No, not all jobs conduct background checks. Retail, construction, freelancing, and self-employment positions often do not require them. Some small businesses may also be more flexible in hiring individuals with past convictions.

8. Can I work for the government with a misdemeanor?

It depends on the agency and the nature of the offense. Some government positions have strict background requirements, especially in law enforcement and security roles. However, misdemeanors do not automatically disqualify applicants from all government jobs.

9. What should I do if denied a job due to a misdemeanor?

You can ask the employer if they have a reconsideration process, seek legal advice about potential record sealing, and explore jobs in fields that are more lenient with criminal records. Consider highlighting skills and qualifications to improve your chances.

10. Can I remove a misdemeanor from my record?

Yes, Nevada allows for misdemeanor record sealing after a waiting period, depending on the offense. A sealed record is not visible to most employers, helping you improve your job prospects. Consulting a lawyer can help determine your eligibility.