Misdemeanors That Prevent Employment in Texas: Key Offenses You Should Know

In Texas, a misdemeanor conviction can have lasting consequences that may prevent employment, especially in licensed professions or jobs involving public safety. While misdemeanors are less severe than felonies, certain offenses still show up on a background check and may affect how employers assess an applicant’s criminal history during the hiring process.

This post breaks down the misdemeanors that prevent employment, explains how Texas law and federal protections like the Civil Rights Act apply, and provides practical advice for job seekers with a criminal history in Texas.

Introduction to Misdemeanor Conviction in Texas

A misdemeanor conviction in Texas—whether for petty theft, domestic violence, or misdemeanor drug offenses—may remain on your misdemeanor record indefinitely unless expunged or sealed. Some offenses may be considered serious enough to prevent employment, particularly in healthcare, education, or roles involving vulnerable populations.

Job seekers with a past misdemeanor often face significant job search difficulties, especially when private employers are allowed to consider conviction records as part of their hiring decisions.

Understanding Criminal Record and Employment in Texas

An applicant’s criminal records play a major role in the Texas job search process, especially since many employers routinely conduct criminal background checks. Under Texas law, an employer may consider a criminal conviction, misdemeanor offense, or even arrest records, depending on the job’s sensitivity.

Although Texas does not have a statewide ban the box law, certain cities like Austin and Travis County have adopted policies that limit when employers can inquire into an applicant’s criminal history. These local ordinances encourage fair employment practices and help ensure that job seekers aren’t unfairly penalized for a past criminal record.

Employment Discrimination and the Law in Texas

While Texas is an at-will employment state, employers must still comply with federal law, including Title VII of the Civil Rights Act, which prohibits employment discrimination based on criminal history, unless there’s a direct and adverse relationship between the offense and the job duties.

Individuals who believe they have been unfairly denied employment due to their criminal history may consider filing an employment discrimination case, particularly if they belong to a protected class.

Texas employers may ask about misdemeanor convictions after a conditional employment offer, and they are not required to wait until later stages unless operating in a jurisdiction with a ban the box ordinance. If they deny a job based on a background check, they must give the applicant an applicant written notice and an opportunity to respond.

Navigating a Misdemeanor Charge in Texas

Facing misdemeanor charges in Texas can feel overwhelming, especially when you’re seeking employment. Charges like disorderly conduct, drug possession, or domestic violence can raise flags for potential employers, even if they don’t lead to a criminal conviction.

Fortunately, Texas law provides for expunction and orders of nondisclosure (sealing) in certain cases. A sealed record or misdemeanor expunged from your criminal history can dramatically improve your chances of securing employment and reduce the risk of employment discrimination.

The Impact of Background Checks in Texas

In Texas, background checks are a staple of the hiring process, and employers may use third-party services to access criminal history, misdemeanor crimes, and past conviction records. If a criminal background check shows a misdemeanor on your conviction record, it may affect whether you’re hired.

However, some employers are open to considering context, especially when the offense has no relevance to the position. For example, a past crime that occurred years ago and involved a minor misdemeanor offense may not disqualify you from a customer service job.

Knowing your rights, and whether you qualify to have your record sealed or expunged, is key when facing the challenges of background checks.

The Ban the Box Law and Its Implications

The Ban the Box Law, also known as the Fair Chance Act, is a significant piece of legislation designed to help individuals with a misdemeanor conviction or misdemeanor convictions get a fair shot at employment. This law prohibits employers from asking about an applicant’s criminal history on initial job applications. By removing this question, the law aims to ensure that job seekers are evaluated based on their qualifications and skills first, rather than being immediately disqualified due to their criminal record.

For job seekers with a misdemeanor crime conviction, the Ban the Box Law can be a game-changer. It allows them to present their skills and experience without the shadow of their conviction records looming over the initial stages of the hiring process. Employers can still conduct criminal background checks later on, but they must do so in compliance with the law, ensuring a fairer assessment of the applicant.

In Illinois, the Ban the Box Law is enforced through the Illinois Human Rights Act, which prohibits employment discrimination based on criminal history. This means that private employers with five or more employees must consider the nature and gravity of the offense, the time that has passed since the conviction, and the relevance of the offense to the specific job duties. This approach helps individuals with a misdemeanor conviction find steady employment and rebuild their lives, free from the immediate bias of their past criminal record.

Strategies for Texas Job Seekers

If you’re a Texan with a misdemeanor conviction, here are some practical steps:

• Be honest about your criminal history if asked after a conditional job offer.

• Know your rights under federal law and local ban the box ordinances.

• Work with a legal aid organization or criminal defense attorney to explore expungement options.

• Emphasize your skills, qualifications, and growth when speaking with potential employers.

• Consider industries more open to second chances, especially those not regulated by licensing boards.

By focusing your job search strategically and preparing to explain your past conviction, you can still build a path toward steady employment in Texas.

Conclusion

While certain misdemeanors that prevent employment pose real barriers, they do not permanently close the door. Understanding how Texas law and the Civil Rights Act intersect with the hiring process, and taking steps to address your criminal record, can help you regain control over your employment prospects.

If you’re a job seeker in Texas with a misdemeanor on your record, know that legal remedies and informed strategies can help you move forward with confidence.