Will a Misdemeanor Show Up on a Background Check?
Understanding how misdemeanors impact Colorado background checks is vital for employers and individuals. This document delves into criminal records, background check laws, and misdemeanors in Colorado.
If you have been charged with a misdemeanor, it’s always best to get the guidance and representation of a trusted misdemeanor lawyer who can protect your rights and help you navigate the legal process.
Why You Should Seek an Attorney’s Help if You’re Charged with a Misdemeanor Crime
You should contact a criminal defense attorney immediately after being charged with a misdemeanor. Early intervention lets your lawyer build your defense immediately, potentially preventing additional charges.
They can also negotiate with prosecutors before the case progresses. Don’t wait until your court date approaches, as this limits your attorney’s ability to prepare your case effectively.
Once you’ve retained counsel, maintain open and honest communication. Provide your attorney with all relevant information about your case, even details that might seem embarrassing or incriminating. The attorney-client privilege protects these communications, and your lawyer needs complete information to build the strongest possible defense.
What Your Attorney Can Do
A skilled criminal defense attorney can review the evidence against you, identify potential constitutional violations or procedural errors, negotiate with prosecutors for reduced charges or alternative sentencing, and represent you in court proceedings.
They can also advise you on whether to accept plea bargains or proceed to trial, help you understand the repercussions of different outcomes, and work to minimize the impact on your life and future.
Preparation and Strategy
Your attorney will develop a defense strategy based on the specific facts of your case. This might involve challenging the legality of evidence, questioning witness credibility, or arguing for mitigation based on your circumstances.
Your attorney can negotiate with prosecutors to reduce charges, minimize penalties, or arrange for alternative sentencing such as community service, counseling, or deferred prosecution programs. These alternatives often cause better outcomes than going to court.
Long-term Considerations
Beyond immediate penalties, misdemeanor convictions can have lasting effects on your life. Your attorney can help you understand these consequences and will work to minimize them. In some cases, they can negotiate for outcomes that entirely avoid conviction or pursue the expungement of your record later.
Remember that even though misdemeanors are less severe than felonies, they still carry real consequences that can affect your future, making competent legal representation an essential investment in your life and well-being.
Types of Background Checks
Several types of background checks exist, each serving different purposes. The most common are
- National Criminal History Check: This check searches federal and state databases nationwide.
- Statewide Criminal History Check: This check focuses solely on records within a specific state, in this case, Colorado.
- County Criminal History Check: This check looks at records at the county level where the offense occurred.
- FBI Fingerprint Check: This comprehensive check uses fingerprint data to access national databases.
Background Check Laws
State laws govern how background checks can be conducted and what information can be accessed. For example, Colorado uses the following criteria:
- Consumer Reporting Agencies: These agencies must follow the Fair Credit Reporting Act (FCRA), which sets standards for accuracy and privacy.
- Record Sealing and Expungement: The Centennial State allows for certain criminal records to be sealed or expunged under specific conditions.
- Ban the Box: While the state does not follow statewide “Ban the Box” legislation for private employers, many local jurisdictions do, and there is legislation concerning governmental employers.
What is a Misdemeanor?
A misdemeanor is less severe than a felony but more serious than a petty offense. Misdemeanors are classified into different levels, with varying potential penalties. Misdemeanors generally include:
- Traffic Offenses: These include DUI and unlicensed driving.
- Petty Theft: Shoplifting of lower-value items.
- Assault: Simple assault without serious bodily injury.
- Drug Possession: Possession of small amounts of controlled substances.
Misdemeanors on Background Checks
Whether a misdemeanor appears on a background check depends on the type of check conducted and the laws governing record access.
- Statewide Background Checks: These will often reveal misdemeanors that occurred within Colorado.
- National Background Checks: These may show misdemeanors if they are in state and federal databases.
- Sealed or Expunged Records: These should not appear if the process has been completed.
Impact on Employment
Employers often conduct background checks as part of their hiring process. A misdemeanor on a background check can impact employment opportunities, especially in roles requiring:
- Security Clearance: Government jobs or roles in sensitive industries.
- Working with Vulnerable Populations: Such as children or the elderly.
- Financial Responsibility: Roles involving handling money or financial transactions.
However, employers must often also adhere to anti-discrimination laws and should not automatically disqualify candidates based on a past misdemeanor. They should consider the offense’s relevance to the job and how much time has passed since the offense.
Sealing and Expungement
State laws allow the sealing or expungement of certain criminal records. This means the records are removed from public view and will not appear on most background checks. Requirements and eligibility vary depending on the nature of the offense. Below is how sealing and expungement work in Colorado.
| Action | Eligibility Criteria | Impact |
|---|---|---|
| Sealing | Meeting specified criteria based on the offense and time passed | Removes records from public view but may still be visible to law enforcement |
| Expungement | Meeting more stringent requirements, often involving successful completion of diversion programs | Destroys the record as if it never occurred in the majority of cases |
Legal Advice
It is always advisable to consult with a criminal defense attorney regarding specific questions about misdemeanors and background checks. Legal counsel can guide record sealing or expungement processes and offer advice on addressing concerns about past offenses during job applications.
Protect Your Future
Misdemeanors can appear on background checks in Colorado, depending on various factors. Understanding the laws and options for record sealing or expungement is essential. Individuals should proactively address their criminal records and seek legal advice when necessary. Employers should follow all applicable laws when conducting background checks and hiring decisions.
Learn More About Your Rights – Contact a Criminal Defense Lawyer
Understanding your rights allows you to move forward with a charge more positively. You can proceed more confidently by speaking to a criminal defense attorney and working with them. Contact a criminal defense lawyer now.