Short Answer
Complete Explanation
The term “felony including misdemeanor” on a background check denotes that the report contains information about both felony convictions and misdemeanor offenses, if any exist. This phrasing is often employed by background‑screening companies to clarify that the search was not limited to the most serious crimes but also encompassed lesser offenses.
- Definition of felony and misdemeanor:
Felonies are serious crimes typically punishable by imprisonment of more than one year, while misdemeanors are less severe offenses punishable by up to one year in jail or fines. - Scope of the search:
The phrase signals that the screening provider examined records for any felony and any misdemeanor, rather than restricting the check to felonies only. - Reporting format:
Results are usually listed separately under headings such as “Felony Convictions” and “Misdemeanor Convictions,” with dates, jurisdictions, and case numbers when available. - Legal considerations:
Under the Fair Credit Reporting Act (FCRA) and many state laws, employers must obtain written consent before accessing such records and must provide a copy of the report if an adverse decision is made. - Impact on employment decisions:
Employers may weigh felonies and misdemeanors differently based on the nature of the job, relevance to the position, and rehabilitation evidence, but they cannot discriminate based on protected characteristics. - Variations by jurisdiction:
Some states limit reporting of certain misdemeanors after a set period, while others allow all convictions to be disclosed for life.
Common Misconceptions
The phrase means the individual has only been convicted of a felony.
It indicates the presence of any felony **and** any misdemeanor; the individual may have convictions of either type or both.
Misdemeanor records are always excluded from background checks.
While some employers choose to omit misdemeanors, the phrase explicitly states that misdemeanors were included in the search.
A “felony including misdemeanor” report is the same as a “criminal history” report.
A criminal history report may also contain infractions, civil citations, or pending charges, whereas “felony including misdemeanor” focuses only on convictions.
FAQ
Does ‘felony including misdemeanor’ guarantee that the person has a felony conviction?
No. The phrase only indicates that the search covered both categories; the individual may have only misdemeanor convictions, only felonies, both, or none.
Can an employer ignore misdemeanor convictions even if they are listed?
Yes, employers may have policies that consider only felonies for certain positions, but they must apply such policies consistently and comply with anti‑discrimination laws.
How long do felony and misdemeanor records remain on a background check?
Felony convictions generally remain indefinitely unless expunged; misdemeanor reporting periods vary by state, ranging from a few years to lifetime disclosure.
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