Will A Possession Charge Show Up On A Background Check?
You have been arrested and charged with drug possession. Now you’re wondering how your charge is affecting your employment prospects. Will A Possession Charge Show Up On A Background Check? When you are charged with a crime, you are not found guilty. But getting charged means you already have a criminal record.
Will A Possession Charge Show Up On A Background Check?
A background check shows a complete record of your criminal history and includes arrest records, charges, and convictions. Reporting laws vary depending on the state you’re in. But in most states, background checks will show a possession charge. Federal law places a seven-year limit on the reporting of certain background checks. The Fair Credit Reporting Act (FCRA) does not allow background checks to report convictions older than seven years.
Non-convictions include:
- Not-guilty verdicts
- Dismissed cases
- Diversions
- Formal abandonment of prosecution
- Arrests not resulting in charges
Depending on the state involved, a turn may be referred to as a deferred decision; deferred sentence; diversion programs; conditional probation; Or the establishment of mood. Regardless of the terms used, after seven years, the non-conviction cannot appear on your background check report. In some states, employers are not allowed to refuse to hire candidates when their background check reveals a recent non-conviction.
Will A Pending Possession Charge Show Up On A Background Check?
Yes, pending charges also appear on background reports, unless state law dictates otherwise. For example, in Arkansas, pending felony charges will show up on a background check while pending misdemeanor charges will not. In California, pending charges can be reported on a background check, but employers cannot refuse your employment because of pending charges.
For a summary of background check laws in your state, visit Restoration Of Rights at https://ccresourcecenter.org/state-restoration-profiles/50-state-comparisoncomparison-of-criminal-records-in-licensing-and-employment/
Can You Get Charges Removed From Your Criminal Record?
Although charges resulting from impunity cannot be reported after seven years, what can you do in the meantime? Seven years is a long time to hang a criminal record on you. Your best course of action is to contact an attorney to seal or expunge your record.
Again, the ability (and procedure) to seal or expunge a non-conviction record depends on state laws. In some states, this relief will be available only for a first offense or after a certain waiting period. Check the law in your state on the Restoration Of Rights Project website. This link takes you to a 50-state comparison of current expungement and record-sealing rules (skip to Section 3):
Can You Be Denied Employment Because Of A Possession Charge?
Yes, it is possible. Whether your occupation compensation will affect your employment opportunities depends on several factors. Can a charge be added to your background check under state law? Can employers consider a charge under state employment law?
Is the employer concerned about the charges, or does he only care about the penalties? Does the employer only care about charges directly related to employment? Good to know: A drug possession charge is often cheaper for employers than a theft or violent crime charge.
Next Steps
Follow the first link above to find out (a) whether your possession charge will show up on your background check, and (b) if employers can legally base employment decisions on charges or pending charges. can use the second link to find out if your state offers expungement or record sealing for non-criminal convictions. Contact an attorney to get your charges dismissed or sealed so you don’t have to worry about your criminal record affecting your future employment opportunities.
