Does a misdemeanor come up on a background check?

Will a misdemeanor charge show up on a per-employment background check for the rest of my life?

  • When I was 18 10yrs ago) I was charged with misdemeanor conversion, I was not arrested and by completing Indiana pre-trial deferment the case was dropped. When I was 21 (8 yrs ago) I was charged with misdemeanor possession of marijuana, this time I was arrested but through Indiana pre-trial diversion I was found not guilty. I have had a clean record since the second charge and was recently asked to have a finger print faked for a pre-employment background check. My question is when, if ever will my charges not show up on a background check (either by searching my ssn or fingerprint) and will these charges show up on a finger print check and what Information will be associated with them. I heard that Indian recently passed a bill which allows your misdemeanor charges to be expunged, will this prevent these charges from showing up on a background check in the future?

  • Answer:

    I do believe once you're on the records they stay on the records and will show up if back ground check is done. However if you really want to know the answer to your question I suggest you find this out for your self from the proper people. I wouldn't bet on that my answer is correct. Stop listening to people regarding fake finger prints. That's a crazy idea and you'll get put down on the books again. This time it would be worse. Quit getting wrong info from people who are handing out such crap. I think you need to find honest people to hang with. Keep listening to them and you'll be in more trouble. After all you're not part of the mafia if I'm correct. Keep your self clean and may be someone will give you a second chance.

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Other answers

It depends on if they are looking for misdemeanors or not. Most places are looking for felonies only, so you still have a good chance of get through the background check. Some jobs (like if you are working with young children or with large amounts of money) may look for misdemeanors also, so these jobs may be more difficult for you to get hired at. And, it's usually only going back so many years (liek maybe 10 years).

Mutt

Indiana has a new "second chance" law. Your charges cannot be expunged (as though they had never happened) but they can be sealed.

Emily M

If you were charged but not convicted the misdemeanor will not show up on your record because you were never convicted. Only convicted crimes show up. However, your charges and/or arrest will be available on public records at the county court house and on the state circuit court case search for up to 20 years. Most employers do not use these search sites for criminal records searches. Almost all the states now allow class B misdemeanors to be expunged through court appeal. Although the only person who can expunge them is circuit court judge in the district where the conviction was sentenced. Expunging a misdemeanor is rare. Less than 7% of class B misdemeanors are expunged. The process is very involved and requires lots of papers to be filed to the right people and agencies and in the proper order. Expungement will take 6 months to 1 year to process and then it is up to the judge. Your reasons for appealing the court for expungement must be dire.

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