Do Summary Offenses Show Up on a Background Check?

As a lawyer, I often get this question: “Do summary offenses show up on a background check?” The short answer is yes—summary offenses can appear on a background check, depending on the type of check being performed and the jurisdiction. However, what that means for your future and how you can address it is a bit more nuanced. Let’s break it down together.

What Are Summary Offenses?

Summary offenses are the lowest level of criminal offenses. Think of them as the legal equivalent of getting a slap on the wrist. They include things like public drunkenness, disorderly conduct, or a minor traffic violation. These offenses typically result in small fines or a short stint in jail (usually 90 days or less), but they can still end up on your record—and that’s where people start to worry.

Do Summary Offenses Really Matter?

You might be thinking, “Come on, it was just a minor thing. Does anyone really care about this?” Unfortunately, the answer is that sometimes they do. While many employers or landlords won’t lose sleep over a summary offense, others might.

Why They Show Up

Background checks vary widely. A basic check might not pull up minor infractions, but a detailed criminal background check will often include them, especially if the offense occurred recently. For example:

• Employment Background Checks: Some employers, especially those in government, finance, or education, might see and consider summary offenses.
• Housing Applications: Some landlords look at every offense, no matter how minor, as a potential red flag.

When a Summary Offense Became a Problem

Let me share a story. I once had a client named Brian (not his real name) who had a public intoxication charge from his college days. He didn’t think much of it until he applied for his dream job—a teaching position at a local school. During the interview process, the school ran a comprehensive background check, and the charge popped up.

Brian was embarrassed and unsure how to proceed. Together, we worked on explaining the situation to the school and showing how he’d grown since that incident. He got the job, but it could’ve gone the other way.

The moral? Even minor offenses can pop up when you least expect them, and it’s better to be prepared than blindsided.

How Different Types of Background Checks Work

Not all background checks are created equal. Here’s a quick breakdown:

1. Basic Background Checks

These might not show summary offenses at all. They’re often used for casual jobs or low-level positions.

2. Comprehensive Background Checks

These dig deeper and are commonly used for roles requiring trust, like teaching, law enforcement, or finance. Summary offenses are likely to appear.

3. FBI or State-Specific Checks

If you’re applying for a professional license or working with vulnerable populations, these thorough checks will almost certainly reveal summary offenses.

4. Tenant Screening

Landlords often use third-party services to check for criminal history. Depending on the service, your summary offense might come up.

The Impact of Summary Offenses

Employment

Most employers are more concerned with patterns of behavior than a single slip-up. However, certain industries have strict rules. For example, a disorderly conduct charge could be a red flag for someone applying for a security or customer-facing role.

Housing

Landlords often view any offense as a potential liability. A summary offense might not prevent you from getting an apartment, but it could influence a landlord’s decision if they’re choosing between multiple applicants.

Reputation

Even if a summary offense doesn’t cost you a job or an apartment, it can still feel like a cloud hanging over your head. I’ve had clients tell me they were embarrassed to have their record pop up in unexpected ways, like during volunteer background checks.