Infractions, Misdemeanors and Felonies

• There are three levels of criminal offenses: infractions, misdemeanors and felonies. Infractions usually only result in a fine. Misdemeanors may result in a fine or jail time -- usually less than a year. Gross misdemeanors and other serious misdemeanors may result in more jail time. Felonies are more serious crimes that usually carry a term of more than a year in jail. However, many misdemeanors and even some felonies result in suspended sentences, probation, community service or some alternative means of punishment, according to the Background Ferret website.
  
  

Extent of Criminal Background Checks

• Criminal background checks often only go back five to seven years. However, in some industries, such as utility companies partially regulated by the Department of Homeland Security, background checks can go back as far as 12 years, according to the Job Dig website. Application forms often indicate whether you should include any criminal history. Sometimes employers only require applicants to list criminal background for a certain number of years or certain types of criminal history, such as felonies.
  
  

Expungement and Sealed Records

• Applicants are not legally required to list a sealed or expunged criminal record on an application or a résumé. Expungement removes all information pertaining to the criminal history from the system -- including fingerprints, trial records and related electronic files or paperwork. Sealed records place strict restrictions on access to the information in a criminal history; state officials performing background checks for prospective attorneys or physicians are among the few people who have access. Except for juvenile criminal histories, which are automatically sealed, individuals must request that their criminal records be sealed or expunged. Most felonies cannot be expunged or sealed except in the case of an official pardon, exoneration or declaration of innocence.
  
  

Presenting a Criminal History

• If you must disclose your criminal history, honesty is the best policy. Offer any extenuating circumstances during interviews, but avoid taking the role of a victim. Emphasize community service since your release, which demonstrates responsibility. Ask friends, former employers and others to serve as character witnesses, CV Tips advises. A functional résumé allows you to showcase job-related skills, training and experience while minimizing employment gaps from incarceration, iSeek states.
  
  

Federal Law and Criminal Convictions

• If a past criminal history is not directly related to the job you're seeking, you may still get the job. Federal law prohibits prospective employers from automatically refusing to hire a job applicant simply because of her criminal history. Instead, the employer must list a business-related reason for excluding applicants convicted of certain crimes. For instance, many banks and financial institutions exclude applicants convicted of embezzlement or other crimes involving financial dishonesty. However, the law does not apply to convictions for serious violent offenses such as murder and rape, the CV Tips website states.