Does Getting Fired Go On Your Record? Only When Fired for This Cause

Background check repair icon.Written by Background Check Repair

Criminal Records | September 13, 2022

Does getting fired go on your record, a man wonders while standing outside a hiring office while thinking does getting fired from a job go on your record just moments after being fired by a manager on the left wearing a black suit with a pre employment background check document on the right showing does getting fired go on your background check.

Job Termination Records Search
Background check searches employment records to find job termination reason and firing report.

Does getting fired go on your record? Not necessarily.

Losing a job is never fun, but when someone is worried that a previous firing will go on their record, it can be even more stressful.

Fortunately, getting fired will only go on a person’s record (and subsequently will be part of what shows up on a background check) if the cause of the firing was related to criminal behavior.

In that case, someone who’s searching information for a background check may be able to put 2 and 2 together and figure out that the crime resulted in the loss of occupation, and may cause someone to fail the check. Can you still get a job if you fail a background check? Of course, but with a criminal record, it can be a little more difficult to obtain certain positions.

Note that even if the firing doesn’t go on your criminal record, it may show up on a pre employment background check for your next job that includes asking previous employers to verify your employment history along with an education verification check.

The ’cause’ that can make being fired show up on a person’s public record it what’s important. If the event was the result of any number of misdemeanors or felonies, the resulting criminal record will have them, including:

Although these are criminal records, a firing can also go on your record when employers do a search to find out where someone works and the previous employer makes them aware of the termination.

 

South Dakota office of Attorney General website with yellow arrows pointing to state only background checks and fbi and state background check links to requirements that people can use to find does getting fired from a job go on your record

Of course, being fired is something most people have experienced, so it’s not a big deal. However, understanding when being fired will appear on a record can help applicants know what to disclose before a background check shows it to a potential new employer.

Will A Background Check Show Getting Fired?

The short answer is probably not — it is unlikely for getting fired to appear on a person’s background check.1 The main instances in which getting fired will show on a person’s record is if the firing was related to a criminal offense (i.e., shoplifting, assault, etc.).

In most cases, getting fired does not have a direct impact on a person’s permanent record or future career opportunities. Although the disgruntled employer may not be the best reference to use for future job interviews, there is always a way to explain the situation to a potential new boss.

Various types of background checks can provide employers with a variety of information that can be useful to help make their decision, such as credit information, past employment history, education history, and other criminal activities, but will not display getting fired from a job.2

Does Being Fired Go On Your Record? (If I Get Fired, Does It Go On My Record)

The only time being fired will appear on a person’s permanent record is if the act that resulted in being let go was criminal in nature and resulted in a charge.

For example, if someone was fired for theft at their place of work (like being caught taking cash from the register), and criminal charges were filed and a conviction occurred, then that ‘firing’ will likely show up on a background check. But, it will ‘show up,’ in relation to the criminal theft conviction.

Does Involuntary Manslaughter Go On Your Record?

Involuntary manslaughter is an accidental action in which there is no premeditation to harm or kill the person involved.3 As a result, this charge has lighter sentencing than premeditated crimes. The punishment for this crime varies depending on state-wide and federal law but remains on a person’s record indefinitely. Therefore, it will be on a person’s criminal record.

Does Theft Go On Your Record?

Theft is taking personal property with the intent to remove the property from another person’s possession. If a person is found guilty of theft, it can result in fines, jail time, or probation.4 Theft will appear on a person’s permanent record and can significantly hamper their employment.

Does Misdemeanor Assault Go On Your Record?

Misdemeanor assault is one of the least serious assault crimes that does not involve serious injury but places someone in fear of harm or their own safety. Misdemeanor assault will appear on a person’s criminal record, which can drastically reduce the chances of them getting specific employment opportunities, houses, or bank loans.5

Criminal resource manual showing assualt definitions which can be included in does getting terminated go on your record if the assault occurred on the job.

These charges will stay on a person’s permanent record indefinitely unless they go through diversion programs or other methods to wipe the charge from their record. 6

Does Gross Misconduct Go On Your Record?

Gross misconduct is a blanket term that covers a wide range of actions or behaviors that can result in someone being fired. Typically, gross misconduct refers to behaving in an unethical, immoral, or unprofessional manner that causes them to be fired from a specific business.7 Gross misconduct instances include bullying, theft, bribery, safety breaches, discrimination, harassment, violence, and other unethical manners.

Gross misconduct will only appear on a person’s record if the acts that caused the misconduct were criminal in nature.

Does Forgery Go On Your Record?

Forgery is making, using, changing, or possessing false writing with the intent to commit fraudulent activities. Also known as counterfeiting, this is a serious crime that is considered to be a felony according to the United States Federal Government.

If the forgery is considered a misdemeanor offense during certain exceptions, it may not appear on a person’s permanent record indefinitely. These misdemeanor exceptions have a prison time of one year in the United States and typically result in probation and community service.

However, when forgery is considered a felony, it will appear on a person’s record along with the firing from employment.8

How Long Does Employment Termination Stay On Your Record?

“Employee termination” refers to any instance in which the relationship between employee and employer no longer exists, such as resignation, layoff, position elimination, and retirement.

If there are charges against an individual in the workplace while they are an employee of a specific company, the employer should retain the personnel records relating to the charges under investigation.

US Equal Employment Opportunity Commission recordkeeping requirements screenshot which outlines that previous terminations can be communicated to new employers, essentially meaning that does getting fired from a job go on your record won't be official, but can be disclosed.

Although employers are required to keep records for a set amount of time, the act of employment termination will not appear on a person’s background check.10

Does Getting Terminated Show On Your Record: Does Getting Fired go on your Background Check All 50 States

Does getting fired ruin your career? Of course not.

Every state has specific laws about the sort of criminal information that can appear on a background check, either misdemeanors or felonies.

However, since these crimes (if they happen at work) will show up on a person’s record, they can be found by new potential employers.

One of the best ways to know whether the ‘firing’ will show up is to run a background check on yourself in your specific state. This is known as a level 1 background check.

Each state’s link is provided in the table below:

StateLegal CodeFelony Misdemeanor 
Does Getting Fired Go on Your Record In AlabamaAlabama Background CheckGrand theft: Yes
Aggravated Assault: Yes
Sex Offense: Yes

Violent Offense: Yes

Does Getting Fired Go on Your Record In AlaskaBackground Check Program Drug manufacturing: Yes

Aggravated Assault: Yes

Serious violent offenses: Yes

Property Theft: Yes

Prostitution: Yes

Does Getting Fired Go on Your Record In ArizonaCriminal History RecordsMurder: Yes

Manslaughter: Yes

Negligent Homicide: Yes

Aggravated Robbery: Yes

DUI: Yes

Dangerous Drugs Possession: Yes

Narcotic Drugs Possession: Yes

Does Getting Fired Go on Your Record In ArkansasCriminal Background ChecksViolent and Sexual Crimes: Yes

Motor Vehicle Crimes: Yes

Negligent HOmicide: Yes

Third-Degree Battery: Yes

Public Sexual Indecency: Yes

Does Getting Fired Go on Your Record In CaliforniaFingerprint Background ChecksMurder: Yes

Rape Yes

Lewd acts with a child under 14: Yes

DUI without Injury: Yes

Theft: Yes

Battery: Yes

Does Getting Fired Go on Your Record In ColoradoEmployment and Background ChecksSex Crimes: Yes

Domestic violence: Yes

Level 1 Drug Crimes: Yes

Underage drinking: Yes

Prostitution: Yes

Domestic violence: Yes

Does Getting Fired Go on Your Record In ConnecticutBackground ChecksFelony murder: Yes

Aggravated sexual assault of a minor: Yes

Petty Theft: Yes

Prostitution: Yes

Stalking: Yes

Assault: Yes

Does Getting Fired Go on Your Record In DelawareBackground Check CenterDrug possession: Yes

Unlawful dealing of counterfeit substances: Yes

Violation of Domestic Violence Protective Order: Yes

Unauthorized Use of a Vehicle: Yes

Does Getting Fired Go on Your Record In FloridaLevel 1 and Level 2 Criminal History Record ChecksMurder: Yes

Child Abuse: Yes

Grand theft: Yes

Petty theft: Yes

Battery: Yes

Domestic violence: Yes

Does Getting Fired Go on Your Record In GeorgiaObtaining Criminal History Record Information Terroristic Threats: Yes

Forcible rape: Yes

Pimping and pandering: Yes

SEx crimes against children: Yes

Does Getting Fired Go on Your Record In HawaiiHawaii Background Check SystemSecond-degree Assault: yes

Aggravated Harassment by Stalking: Yes

DUI: Yes

Drug possession: Yes

Does Getting Fired Go on Your Record In IdahoIdaho Criminal History UnitReckless Driving: Yes

DUI: Yes

Does Getting Fired Go on Your Record In IllinoisBackground ChecksPossession with intent to distribute: Yes

Cultivation: Yes

Under the influence of marijuana: Yes

Possession with personal use: Yes

Does Getting Fired Go on Your Record In IndianaPLA Criminal Background ChecksAggravated rape: Yes

Child solicitation: Yes

Resisting Law Enforcement: Yes

Carrying a handgun without a License: Yes

Does Getting Fired Go on Your Record In IowaCriminal History Record Check InformationSexual assault: Yes

Burglary: Yes

Assault without bodily harm: Yes

Trespassing: Yes

Does Getting Fired Go on Your Record In KansasCriminal History Record SearchVoluntary manslaughter: Yes

Theft of property: Yes

Striking or hitting someone: Yes

Patronizing a prostitute: Yes

Does Getting Fired Go on Your Record In KentuckyBackground ChecksMurder: Yes

Kidnapping that results in the death of a victim: Yes

Assault that results in bodily injury: Yes

Burglary: Yes

Does Getting Fired Go on Your Record In LouisianaCriminal Background Check InformationSexual assault/rape: Yes

Theft crimes: Yes

Cyberbullying: Yes

Petty theft: Yes

Does Getting Fired Go on Your Record In MaineCriminal History Record InformationAssault with a deadly weapon: Yes

Drug trafficking: Yes

Prostitution: Yes

Driving on a suspended license: Yes

Does Getting Fired Go on Your Record In MarylandBackground Check InformationMurder: Yes

Robbery: Yes

Sexual assault: Yes

Theft under $1,000: Yes

Minor drug possession: Yes

Does Getting Fired Go on Your Record In MassachusettsBackground Record ChecksDUI 3rd offense: Yes

Vehicular homicide: Yes

Criminal Harassment: Yes

Theft of a gun worth $1,200 or less: Yes

Does Getting Fired Go on Your Record In MichiganCriminal History RecordsCriminal sexual conduct: Yes

Theft of $1,000 or more: Yes

Reckless driving: Yes

Marijuana possession: Yes

Does Getting Fired Go on Your Record In MinnesotaCriminal Background ChecksCriminal sexual conduct: Yes

Drug possession: Yes

Reckless driving: Yes

First-time DWI: Yes

Does Getting Fired Go on Your Record In MississippiCriminal History Record ChecksFirst-degree murder: Yes

Aggravated domestic violence: Yes

Dui: Yes

Shoplifting for less than $500: Yes

Does Getting Fired Go on Your Record In MissouriCriminal Record Check1st-degree arson: Yes

1st-degree Domestic Assault: Yes

Assault in the 4th Degree: Yes

Domestic Assault in the 4th Degree: Yes

Does Getting Fired Go on Your Record In MontanaBackground ChecksMurder: Yes

Rape: Yes

Drunk driving: Yes

Petty theft: Yes

Does Getting Fired Go on Your Record In NebraskaCriminal History Record RequestsFirst-degree Murder: Yes

Kidnapping: Yes

Third-degree Assault: Yes

Threats of domestic Assault: Yes

Does Getting Fired Go on Your Record In NevadaBackground Check RequirementsThird DUI conviction in 7 years: Yes

Felony DUI: Yes

Traffic tickets: Yes

Assault: Yes

Vandalism: Yes

Does Getting Fired Go on Your Record In New HampshireCriminal History Record RequestsMurder: Yes

Sex crimes: Yes

Criminal mischief: Yes

Simple assault: Yes

Does Getting Fired Go on Your Record In New JerseyNew Jersey Criminal History Records InformationMurder: Yes

Money laundering: Yes

Drug trafficking: Yes

Municipal crimes: Yes

Assaults And threats: Yes

Does Getting Fired Go on Your Record In New MexicoNew Mexico Department of Public SafetyKidnapping:

Yes

Human trafficking: Yes

Battery: Yes

Shifting items with a value between $250 and $500: Yes

Does Getting Fired Go on Your Record In New YorkCriminal History Records, Background ChecksMurder: Yes

Arson: Yes

Prostitution: Yes

Petty theft: Yes

Does Getting Fired Go on Your Record In North CarolinaBackground ChecksFirst-degree sexual offense: Yes

Second-degree murder: Yes

Simple assault: Yes

Disorderly conduct: Yes

Does Getting Fired Go on Your Record In North DakotaBackground Check AND CRiminal History REcord CheckDrug crimes: Yes

Property crimes: Yes

Disorderly conduct: Yes

Prostitution: Yes

Does Getting Fired Go on Your Record In OhioBackground ChecksMurder: Yes

Abduction: Yes

Fleeing and eluding: Yes

DUI: Yes

Driving under suspension: Yes

Does Getting Fired Go on Your Record In OklahomaCriminal HistorySecond DUI offense: Yes

Aggravated assault: Yes

Assault: Yes

Breaking and entering: Yes

Does Getting Fired Go on Your Record In OregonCHC Background ChecksMurder: Yes

Assault: Yes

Assault in the fourth degree: Yes

Harassment: Yes

Does Getting Fired Go on Your Record In PennsylvaniaClearances/Background ChecksAggravated assault with deadly weapon: YesSimple assault: Yes

Terroristic threats: Yes

Does Getting Fired Go on Your Record In Rhode IslandBackground ChecksMurder: Yes

Aggravated assault and/or battery: Yes

Simple assault or battery: Yes

Indecent exposure: Yes

Does Getting Fired Go on Your Record In South CarolinaSouth Carolina Law Enforcement DivisionCriminal sexual conduct: Yes

Carjacking: Yes

Possession of alcohol under age 21: Yes
Does Getting Fired Go on Your Record In South DakotaBackground Check RequirementsAggravated kidnapping: Yes

First-degree manslaughter: Yes

Staling: Yes

First-degree petty theft: Yes

Does Getting Fired Go on Your Record In TennesseeBackground ChecksHomicide: Yes

Burglary: Yes

Driving while intoxicated: Yes

Disorderly conduct: Yes

Does Getting Fired Go on Your Record In TexasReferences and Background ChecksAggravated assault of public servant: Yes

Attempted capital murder: Yes

Assault causing bodily injury: Yes

Possession of marijuana: Yes

Does Getting Fired Go on Your Record In UtahEmployment Background ChecksViolent crimes: Yes

Prescription drug charges: yes

DUI/DWI: Yes

Simple assault: Yes

Does Getting Fired Go on Your Record In VermontRecord ChecksFirst-degree murder: Yes

First-degree arson: Yes

Simple assault: Yes

Petit larceny: Yes

Does Getting Fired Go on Your Record In VirginiaCivil and Applicant Record ExchangeAnimal cruelty: Yes

Repeat larcenies: Yes

Reckless driving: Yes

Assault and battery: Yes

Does Getting Fired Go on Your Record In WashingtonBackground Check Central UnitSecond-degree murder: Yes

Many types of rape: Yes

Simple possession of marijuana: Yes

Shoplifting: yes

Does Getting Fired Go on Your Record In West VirginiaBackground Check InformationFirst-degree murder: Yes

Malicious assault: Yes

Minor or simple assault: Yes

Trespassing: Yes

Does Getting Fired Go on Your Record In WisconsinBackground Check RequirementsAggravated battery causing substantial bodily harm: YesTheft of property worth less than $2,500: Yes

Hazing: Yes

Does Getting Fired Go on Your Record In WyomingBackground ScreeningPossession of 3+ ounces of marijuana: Yes

Felonious assault: Yes

Drunk driving: Yes

Petty theft or shoplifting: Yes

Although being let go or terminating employment will not appear on a background check, it can stay on a person’s permanent record if they committed a crime that caused the firing. When asking the question ‘does getting fired go on your record,’ the answer will always depend on the circumstances, but usually, no.

Frequently Asked Questions About Does Getting Fired Go On Your Record?

Does Getting Fired Ruin Your Career?

No, getting fired does not ruin a career. A person can still get a job in a variety of industries but should take into account why they were fired in the first place (ex: criminal conviction).

How Long Does A Termination Stay On Your Record?

Termination will not show on a background check unless the person has been convicted of a criminal charge.

Does Getting Fired Ruin Your Life And Affect Future Employment? 

Getting fired can show untrustworthiness, unreliability, and unethical behavior. However, the sole act of having a criminal charge does not automatically disqualify a person from future employment.

Does Monster Keep Track Of Terminations? 

Monster does not keep track of terminations.

Does Getting Fired From A Job Go On Your Record?

Getting fired from a job will go on a person’s permanent record if it was connected to a crime committed.

If You Get Fired, Does It Go On Your Record?

If a person gets fired, it can appear on their record if they committed a crime that caused them to be fired.

Does Getting Fired Stay On Your Record?

Getting fired will not stay on a criminal background check, but employers can keep employee records after a person has been fired.

Does Getting Terminated Go On Your Record?

Getting terminated from a job position can be on someone’s permanent record if they commit a crime.

If I Get Fired Does it go on my Record?

A firing will be on the employment records of the employer, but not on a background check public record unless the firing was the result of criminal behavior at work.


References

1Does getting fired go on your record? Movie Cultists. Retrieved from <https://moviecultists.com/does-getting-fired-go-on-your-record>

2LD Staff. Does Getting Fired Go on Your Record? Legal Definitions. Retrieved from <https://www.legaldefinitions.co/does-getting-fired-go-on-your-record/>

3Goldstein, S. (2021). Involuntary Manslaughter: Penalties and Sentencing. Law Info. Retrieved from <https://www.lawinfo.com/resources/criminal-defense/involuntary-manslaughter/involuntary-manslaughter-penalties-sentencing.html>

4The Consequences of a Theft Conviction on Your Criminal Record. Larry McDougal. Retrieved from <https://www.larrymcdougal.com/articles/the-consequences-of-a-theft-conviction-on-your-c/#:~:text=If%20you%20are%20found%20 guilty,the%20best%20of%20your%20life>

5Baldwin, L. Misdemeanor Assault Laws: Crimes and Penalties. Criminal Defense Lawyer. Retrieved from <https://www.criminaldefenselawyer.com/crime-penalties/federal/Simple-Assault.htm>

6How a Simple Assault Conviction Can Ruin Your Life. HG Org. Retrieved from <https://www.hg.org/legal-articles/how-a-simple-assault-conviction-can-ruin-your-life-42482>

7Hurst, J. (2021). How does gross misconduct affect future employment? Real Business. Retrieved from <https://realbusiness.co.uk/gross-misconduct-affect-future-employment>

8Forgery Laws and Penalties. Criminal Defense Lawyer. Retrieved from <https://www.criminaldefenselawyer.com/penalty-for-forgery.cfm>

9Mayhew, R. (2019). How Long Do Employers Keep Records After Employee Termination? Small Business. Retrieved from <https://smallbusiness.chron.com/long-employers-keep-records-after-employee-termination-18623.html>

10Quick Answer: How Long Does Termination Stay on Record? SeniorCare2Share. Retrieved from <https://www.seniorcare2share.com/how-long-does-termination-stay-on-record/>

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