If you’ve ever faced a misdemeanor charge or conviction in Denver, Colorado, you might be concerned about how it could impact your future employment, housing opportunities, or educational prospects. One common question that Baker Law Group receives from clients is whether misdemeanors appear on background checks. Understanding how misdemeanors affect background checks in Colorado can help you make informed decisions about your case, rights, and future.
In this blog, we’ll clearly outline misdemeanors, how they appear in background checks, the circumstances under which they might not appear, and steps you can take to mitigate their impact.
Understanding Misdemeanors in Colorado
First, clarifying what constitutes a misdemeanor in Colorado is important. In Denver and throughout the state, misdemeanors are criminal offenses considered less severe than felonies, yet more serious than petty offenses or infractions. Common misdemeanors include:
- DUI or DWAI (Driving While Ability Impaired)
- Shoplifting or petty theft
- Disorderly conduct
- Assault without serious injury
- Trespassing
- Minor drug possession offenses
Although misdemeanors are not as severe as felony offenses, they still carry potentially significant penalties, including fines, probation, mandatory treatment programs, community service, or even jail time.
Do Colorado Misdemeanors Show Up on Background Checks?
The short answer is yes—most misdemeanors will appear on criminal background checks in Colorado. A misdemeanor charge or conviction becomes a part of your criminal record, which is publicly accessible through official channels. Employers, landlords, educational institutions, and even lenders routinely conduct background checks to verify the character and reliability of applicants. Depending on the depth and type of background check conducted, misdemeanors are likely to surface.
Types of Background Checks That Show Misdemeanors:
- Criminal Background Checks: Typically performed by employers or landlords, criminal background checks will identify misdemeanors on your record, including the date of the offense, the nature of the
charge, and whether you were convicted or acquitted. - Employment Background Checks: Employers in Denver often conduct background screenings to determine if candidates have any criminal history relevant to the job duties. Even minor misdemeanors, especially those involving theft, violence, or substance abuse, may influence hiring decisions.
- Housing Background Checks: Landlords or property management companies frequently screen tenants. While a misdemeanor may not permanently disqualify an applicant, landlords might take certain offenses, especially those related to violence or property crimes, into serious consideration.
- Professional Licensing Checks: Professions requiring state-issued licenses, such as nurses, real estate agents, teachers, and contractors, involve detailed background checks. Misdemeanor convictions can affect your eligibility or licensing renewal processes in Colorado.
How Long Do Misdemeanors Stay on Your Record?
In Colorado, misdemeanors do not automatically disappear from your criminal record. They typically remain indefinitely unless you take legal steps to seal or expunge your record. While Colorado recently expanded opportunities to seal certain criminal records, the specific eligibility criteria and waiting periods vary depending on the offense type.
Can You Prevent a Misdemeanor from Appearing on Your Background Check?
Fortunately, in some cases, you can prevent a misdemeanor conviction from affecting your future by having your criminal record sealed. Colorado law allows sealing records for specific misdemeanor charges or convictions if certain conditions are met, including sentence completion, probation, and any required waiting periods.
Eligibility for Record Sealing in Colorado
In Denver, you might be eligible to seal a misdemeanor under certain conditions:
- Dismissed Cases: If charges against you were dropped or dismissed, your record is typically eligible to be sealed immediately.
- Acquittals: Your record could be sealed immediately if you were found not guilty.
- Completed Deferred Judgments: If you successfully complete a deferred judgment and sentence, you might be eligible to seal your record once your case is dismissed.
- Certain Convictions: Many misdemeanor convictions can be sealed after a specified waiting period, usually between one and five years, depending on the offense.
Not all misdemeanors are eligible for sealing, particularly those involving domestic violence, certain sexual offenses, or repeat DUIs. Consulting an experienced Denver misdemeanor lawyer at Baker Law Group can help determine your eligibility and effectively guide you through the sealing process.
Impacts of Misdemeanors on Your Life in Denver
Even though misdemeanors are less severe than felony convictions, they can still profoundly impact your life. Common repercussions include:
- Employment Challenges: Many employers hesitate to hire someone with a criminal record, especially when handling money, sensitive information, or working with vulnerable populations.
- Housing Denials: Landlords frequently view applicants with criminal records as higher-risk tenants, potentially resulting in housing application denials.
- Educational Opportunities: Colleges and universities often ask applicants about past criminal records, which can potentially impact their admission chances or eligibility for scholarships and financial aid.
- Professional Licensure Issues: Certain misdemeanors might complicate obtaining or maintaining professional licenses in Colorado.
Addressing a misdemeanor promptly and effectively with experienced legal counsel can significantly reduce these impacts.
How Baker Law Group Can Help You Handle Misdemeanors
Having strong legal representation is essential when facing misdemeanor charges or dealing with a previous conviction in Denver. A knowledgeable attorney at Baker Law Group can advocate for you by:
- Negotiating with prosecutors for reduced charges or dismissals.
- Pursuing deferred judgments or diversion programs to avoid a conviction.
- Assisting with expungement or sealing your criminal record to prevent misdemeanors from appearing on background checks.
- Providing thorough advice on how to answer background check questions lawfully and strategically.
Every misdemeanor case is unique, and a skilled attorney will tailor a defense strategy specifically to your circumstances.
Contact a Denver Misdemeanor Lawyer
If you’re concerned about a misdemeanor showing up on your background check or if you’re currently facing misdemeanor charges in Denver, Baker Law Group is here to help. Our skilled legal team understands the serious implications misdemeanors can have on your future, and we’re committed to providing effective, compassionate representation.
