According to a 2023 report by the Bureau of Justice Statistics, roughly 78 million Americans have some form of a criminal record, including misdemeanors. Navigating the job market with a misdemeanor on your record can feel daunting. Unlike felonies—which carry more severe legal and social implications—misdemeanors still present barriers, but many employers and industries are increasingly offering “second-chance” opportunities.
What is a Misdemeanor?
A misdemeanor is a criminal offense that is less severe than a felony but more serious than an infraction. Common examples include:
- Petty theft
- DUI (first offense)
- Disorderly conduct
- Simple assault
- Trespassing
Each state classifies misdemeanors differently. For instance, a Class A misdemeanor in Texas may carry up to 1 year in jail and a $4,000 fine, while a Class C may only mean a fine of up to $500.
Understanding Misdemeanors vs. Felonies
- Misdemeanor: Generally punishable by up to one year in county jail, fines, or community service. Examples include petty theft, simple assault, and first-time DUI in some states.
- Felony: Carry potential sentences exceeding one year in prison, heavier fines, and collateral consequences (loss of voting rights, professional licenses).
Because misdemeanors are viewed as less severe, many employers treat them more leniently—especially if the offense is unrelated to job duties.
How Does a Misdemeanor Affect Employment?
Here’s what happens:
- Background checks often reveal misdemeanors.
- Employers evaluate the type of offense, how long ago it happened, and whether it’s relevant to the job.
- In some cases, employers are legally restricted from using certain offenses as a reason to deny employment (thanks to federal and state laws).
Fair-Chance Hiring and “Ban the Box” Laws
Ban the Box
An advocacy campaign to remove the criminal-history question from initial job applications, thus allowing candidates to showcase qualifications first. As of March 2025, 25 states and over 150 cities have adopted “Ban the Box” for public and, in some cases, private employers.
Second-Chance Hiring
Also known as fair-chance hiring, this practice entails conducting individualized assessments rather than blanket exclusions. Employers evaluate factors such as:
- Nature and gravity of the offense
- Time elapsed since conviction
- Relevance to the job’s duties
Industries That Commonly Hire Individuals with Misdemeanors
A criminal record doesn’t automatically shut the door on employment. In fact, over 600,000 individuals are released from prison each year in the U.S., and many with misdemeanor charges manage to find steady work across several industries.
1. Construction Industry
The U.S. construction industry is facing a massive labor shortage. According to the Associated Builders and Contractors, there’s a need for more than 546,000 additional workers in 2025. With such demand, many contractors are open to hiring individuals with past offenses—especially for on-site roles.
Jobs Available: General laborer, equipment operator, electrician apprentice.
Why It’s Misdemeanor-Friendly:
Construction firms often prioritize physical ability, reliability, and willingness to work long hours over background checks—making this a practical entry point for many.
2. Manufacturing & Warehousing
The warehousing boom—thanks to e-commerce giants like Amazon and Walmart—has led to nearly 1.8 million people employed in warehouse and storage roles in the U.S. as of 2024.
Jobs Available: Forklift operator, packaging associate, inventory clerk.
Why It’s Misdemeanor-Friendly:
High turnover rates and 24/7 shifts create ongoing demand, which means employers are more willing to offer second chances, especially for non-violent misdemeanors.
3. Hospitality & Food Services
With over 15 million people working in the hospitality sector, restaurants and hotels are constantly in need of staff. Background checks are often minimal—especially for entry-level roles.
Jobs Available: Line cook, dishwasher, housekeeping, bartender.
Why It’s Misdemeanor-Friendly:
The industry values hard work and customer service skills over spotless records. Many managers focus on your reliability and ability to handle fast-paced environments.
4. Transportation & Delivery
The rise of gig economy platforms like Uber, Lyft, Instacart, and Amazon Flex has created flexible jobs for many. The transportation and warehousing sector added 84,000 jobs in 2023 alone. (BLS Report 2024)
Jobs Available: Delivery driver, rideshare (case-by-case), logistics assistant.
Why It’s Misdemeanor-Friendly:
If your record doesn’t include vehicle-related crimes or theft, you’re typically eligible. Some services allow independent contractor roles after background checks.
5. Customer Service & Call Centers
With the rise of remote work, call centers are booming again. Over 2.9 million Americans were employed in customer service roles in 2023. Employers often hire fast, especially for remote or seasonal support.
Jobs Available: Customer support agent, help desk technician, virtual assistant.
Why It’s Misdemeanor-Friendly:
These positions emphasize communication and typing skills. Backgrounds are checked, but many misdemeanors—especially older ones—aren’t a disqualifier.
6. Retail
Retail giants like Walmart, Target, and Kroger employ over 4.6 million people across the country. They often hire in bulk and provide on-the-job training, making this a great stepping stone.
Jobs Available: Cashier, stocker, store associate, inventory handler.
Why It’s Misdemeanor-Friendly:
Most retailers evaluate applicants case-by-case. Non-violent offenses, especially older ones, typically don’t bar employment unless the role involves high-value merchandise or cash handling.
7. Cleaning & Janitorial Services
With over 2 million janitorial workers in the U.S., this is one of the more accessible industries. Many positions are part-time or contract-based, with employers who care more about job completion than your past.
Jobs Available: Janitor, hotel housekeeping, office cleaner.
Why It’s Misdemeanor-Friendly:
Unless the offense is theft-related and the job involves high-security premises, many employers are open to hiring individuals with records.
8. Landscaping & Outdoor Work
The landscaping industry is expected to grow 5% annually, employing around 1.3 million people in 2023. Most roles are seasonal or contract-based, giving quick access to work.
Jobs Available: Groundskeeper, landscaper, tree trimmer, irrigation tech.
Why It’s Misdemeanor-Friendly:
Smaller firms dominate the field. These employers are often more focused on experience, reliability, and work ethic than formal background checks.
9. Nonprofits & Social Services
Nonprofits, especially those involved in reintegration or recovery services, often intentionally hire those with prior convictions. According to the National Reentry Resource Center, more than 22% of staff in reentry-focused nonprofits have lived experience.
Jobs Available: Outreach coordinator, program assistant, shelter staff.
Why It’s Misdemeanor-Friendly:
Organizations that aim to help people with records often lead by example in their hiring practices. Some even require that applicants have lived experience.
10. Technology Startups (Entry-Level Roles)
Though tech seems elite, entry-level roles are often accessible to those who learn coding or digital skills through bootcamps or self-education. According to CompTIA, entry-level tech jobs saw a 9% growth in 2023.
Jobs Available: Junior coder, QA tester, tech support, content editor.
Why It’s Misdemeanor-Friendly:
Startups are more likely to focus on ability and output than criminal history. For many, it’s your GitHub repo or writing samples that speak louder than a background check.
Top Companies Known for Hiring with Misdemeanors
Several major U.S. employers have stated or shown willingness to hire those with misdemeanors. Below are real examples as of 2024:
| Company | Type of Jobs | Notes |
| Amazon | Warehouse, Delivery, Tech | Background check required, case-by-case basis |
| Walmart | Stocker, Cashier, Maintenance | Known to hire with minor offenses |
| PepsiCo | Driver, Production, Warehouse | Felonies reviewed after 5 years |
| Home Depot | Retail Associate, Warehouse | Misdemeanors not automatic disqualifiers |
| Kroger | Grocery Clerk, Manager Trainee | Background check varies by state |
| UPS | Loader, Delivery Helper | Hires seasonal workers with records |
| Goodwill | Retail, Admin, Training | Mission includes second-chance employment |
| Jiffy Lube | Technician, Customer Service | Known to hire with misdemeanors |
Strategies to Enhance Employability
- Expungement/Sealing
Research state-specific laws to remove misdemeanor records from public view. - Skill Development & Certifications
Vocational programs (e.g., welding, forklift operation, culinary arts) bolster résumés and shift focus to competencies. - Honest, Positive Framing
- Disclose misdemeanors only when asked.
- Emphasize lessons learned and demonstrate reliability (e.g., stable housing, ongoing education).
- Leverage Support Networks
- Reentry programs and career centers often offer mock interviews, résumé workshops, and employer partnerships.
- Tailor Applications
Highlight soft skills—punctuality, teamwork, customer service—that many misdemeanor-friendly roles demand.
Conclusion
While a misdemeanor can complicate the job search, a growing number of employers and industries recognize the value of fair-chance hiring. By targeting supportive sectors, leveraging specialty platforms, and proactively improving one’s profile through training and, where possible, record expungement, individuals with misdemeanors can secure meaningful employment and advance their careers.
FAQs
Can a misdemeanor stop you from getting a job?
Yes, but not always. It depends on the job type, the offense, and how recent it is.
How long does a misdemeanor stay on your record?
Typically forever unless expunged. Some states allow expungement after 2–5 years.
Can employers see expunged misdemeanors?
In most cases, no. But government jobs and law enforcement may still see them.
Which misdemeanors affect employment the most?
Offenses involving theft, violence, or drugs usually raise more red flags.
