Do Criminal Charges Show on Background Checks?
When applying for a job, renting an apartment, or even buying a gun, background checks have become a standard procedure. But have you ever wondered what exactly shows up on these checks? In this article, we’ll explore the answer to the question: Do criminal charges show on background checks?
What is a Background Check?
Before we dive into the nitty-gritty, let’s define what a background check is. A background check is a process that involves verifying an individual’s criminal history, employment history, education, and credit history. This is usually done by a third-party organization or a government agency, and the results are often used to make decisions about employment, housing, or other important matters.
What Shows Up on a Background Check?
Criminal Records:
When it comes to criminal records, a background check will typically show:
- Convictions: Charges that resulted in a guilty plea or a conviction after a trial will usually be included in a background check.
- Arrests: While arrests that didn’t result in convictions might not be included, some background checks may include arrest records, which can indicate that you were taken into custody but not convicted.
- Misdemeanors and Felonies: Both misdemeanor and felony charges will typically show up on a background check.
Here’s a breakdown of the types of criminal records that may show up on a background check:
| Type of Record | Description | Typically Included |
|---|---|---|
| Convictions | Charges that resulted in a guilty plea or conviction | Yes |
| Arrests | Charges that didn’t result in conviction | Sometimes |
| Misdemeanors | Non-violent crimes, like petty theft or disorderly conduct | Yes |
| Felonies | Serious crimes, like murder or drug trafficking | Yes |
| Juvenile Records | Records of crimes committed before the age of 18 | Sometimes |
Other Items That May Show Up:
- Driving Violations: In some cases, driving violations like DUI or reckless driving may be included in a background check.
- Tax Liens: Unpaid taxes may show up on a credit report, which is often included in a background check.
- Bankruptcies: Bankruptcies may also be included, especially if they’re relatively recent.
- Liens and Judgments: Civil judgments, such as unpaid debts or property liens, may be included.
- Education and Employment: Your education and employment history may also be included, depending on the type of background check.
Can You Expunge or Sealed Records?
Yes, in many cases, criminal records can be expunged or sealed, which means they’re removed from public access. This can be a complex process, and eligibility requirements vary by state or jurisdiction. If you’ve had a record expunged or sealed, it’s essential to note that some background checks may still show the original charge or conviction, even if the record has been removed.
What Can’t Be Included in a Background Check?
Protected Records: Certain records are protected by law and cannot be included in a background check, such as:
- Juvenile Records (in most states, records of crimes committed before the age of 18 are sealed or expunged)
- Minor Traffic Violations (most states have a process for sealing or expunging minor traffic violations, like parking tickets)
- Sealed or Expunged Records (as mentioned earlier, if a record has been expunged or sealed, it’s typically not included in a background check)
Conclusion:
Criminal charges can show up on background checks, including convictions, arrests, misdemeanors, and felonies. However, it’s essential to note that the specific information included in a background check can vary depending on the type of check, the state or jurisdiction, and the organization or agency conducting the check.
By understanding what shows up on a background check and what doesn’t, you can better prepare for these checks and make informed decisions about your personal and professional life. Remember to also explore options for expunging or sealing records to improve your chances of having a clean background check.
Additional Resources:
- Federal Bureau of Investigation (FBI) Background Checks: https://www.fbi.gov/services/cjis/background-checks
- National Crime Information Center (NCIC) Background Checks: https://www.fbi.gov/services/cjis/ncic
- State-by-State Expungement Laws: https://www.expunction.org/state-expungement-laws
