Can I pass a background check if I haven't been convicted?

Asked by: Dr. Johnathan Jenkins V  |  Last update: April 13, 2025
Score: 4.3/5 (14 votes)

States have different laws about the types of criminal record information that can be reported on background checks. Some states have laws restricting the reporting of arrests that didn't result in convictions, including pending charges.

What makes you not pass a criminal background check?

Warning signs on a background check include multiple periods of unexplained unemployment, inconsistent information, short periods of employment, minimal relevant job experience, no required education or training, professional license issues, dangerous criminal convictions, job-related criminal convictions, bad ...

How do I know if I can pass a criminal background check?

You can determine whether you failed an employee background check if you have any of the following seven disqualifying factors:
  • Inconsistent employment history. ...
  • Inaccurate resume information. ...
  • A criminal history. ...
  • Negative reviews from employers. ...
  • Poor driving record. ...
  • A failed drug or alcohol test. ...
  • Poor credit history.

What does it mean to be charged but not convicted?

However, a charge does not imply guilt; instead, it marks the beginning of a legal process where your rights and liberties are at stake. On the other hand, a conviction occurs when the court has found you guilty, either through a plea or a trial.

What are the disqualifying offenses for background checks?

INTERIM DISQUALIFYING CRIMINAL OFFENSES

Extortion. Dishonesty, fraud, or misrepresentation, including identity fraud and money laundering, where the money laundering is related to a crime listed in Parts A or B (except welfare fraud and passing bad checks). Bribery. Smuggling.

Criminal Record FAQ: Arrested but not Convicted?

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What looks bad on a background check?

You may be disqualified from a high security clearance job if your record contains any of the following: a single serious crime, a series of lesser offenses, embezzlement, income tax evasion (or other financial crimes), sexual offenses, crimes related to excessive alcohol or drug consumption, a history of personality ...

What is a red flag on background check?

A red flag in a background check is anything alarming or concerning about a person's past. This could be a history of breaking the law, lying about work experience or education, or other serious issues. However, not all red flags are the same. Some might be small and not that serious, depending on the job.

Are you a felon if not convicted?

However, a felony charge does not make an accused individual a felon. They would not be considered a felon unless that have been tried and convicted as well. Unlike misdemeanor charges, felony charges can take an extensive process to be removed from your criminal record.

What does it mean to not be convicted?

Being charged with a crime simply means that the government has formally accused a person of a crime. A person is innocent until proven guilty. On the other hand, being convicted of a crime means that a person has either pleaded guilty or has been found guilty after a trial.

Is being charged the same as convicted?

Being charged with a crime merely means that the government has formally accused a person of a crime. A person charged with a crime is, by law, Innocent. Being convicted of a crime means that the person has plead guilty or has been found guilty after trial. A person convicted of a crime is, by law, Guilty.

How do I always pass a background check?

7 Tips for Ensuring You Pass Employment Background Checks
  1. Make sure you're well-prepared for these checks. ...
  2. Check your credit. ...
  3. Review your driving record. ...
  4. Be informed about banned substances. ...
  5. Contact former employers and ask for copies of your employment records. ...
  6. Research local employment laws. ...
  7. Beat employers to it.

How will I know if I fail a background check?

If the potential employer decides not to hire you based on the results from the background check, they must provide you with a notice of "adverse action" and a copy of the background report, along with a summary of your rights under the FCRA.

What background check do most employers use?

The most common types of employment background screening include: Address History, Civil Records, SSN Verification, Criminal Records, Resume Verification, Medical Registration and Sanctions, and Drug and Alcohol Testing.

Do misdemeanors show up on background checks?

Often, even seemingly minor crimes can raise a red flag. A background check in California will typically show a misdemeanor conviction. For example, a history of driving under the influence (DUI) can be a sign of things to come and show that a candidate may not be a responsible person.

How to clear a bad background check?

How To Remove a Criminal Record from a Background Check
  1. Step 1: Research Your Eligibility. ...
  2. Step 2: Consult with an Attorney. ...
  3. Step 3: Petition for Expungement or Sealing. ...
  4. Step 4: Apply for a Pardon. ...
  5. Step 5: Update Private Databases.

What does a yellow flag mean on a background check?

Yellow— A mentor's application, interview or other interaction gives screening pause and the situation is of moderate concern. A yellow flag may require follow up but does not necessarily mean the applicant will be rejected. Rule of thumb: should there be any doubt with an applicant, always flag.

Can you be charged without being convicted?

Being charged with a crime does not necessarily mean that you have been found guilty or convicted of the offense; it simply means that there is enough evidence for the government to pursue legal action against you.

What does it mean to be without conviction?

If a person pleads guilty to, or is found guilty of, an offence, usually they are convicted of that offence. However, a judge still has discretion not to convict that person. This is granting a discharge without conviction. It means the defendant, although guilty of an offence, will have no criminal record.

What happens if I am found not guilty?

The phrase “not guilty” means that the defendant is not legally answerable for the crime. An acquittal is a finding by the jury or judge that the defendant is not guilty after a jury or a bench trial. Acquittals trigger your Double Jeopardy protection from another prosecution for the same offense.

What is the lowest felony?

State by State Felony Offenses, Felony Classes, Charges & Penalties. As to federal felonies, Congress divided federal felonies into five categories: A, B, C, D, and E. Class E felonies are the lowest class federal felony.

Does a felony go away after 7 years?

Dismissed felony charges can usually be sealed or expunged right away. In California, a felony conviction stays on your record forever if you do not get it expunged. You may be eligible for an expungement if you did not serve time in state prison.

Can a felon get a passport after 7 years?

For some crimes like drug trafficking, a 5-10 year waiting period may be required before getting a passport. This allows for a “cooling off” period to elapse. Other felony convictions don't have defined waiting periods. But typically, the longer it's been since finishing your sentence, the better chances of approval.

What does green flag mean on a background check?

In general, "green flags" on a background check refer to positive indicators or aspects of a candidate's background that align with the employer's criteria or expectations.

Who makes the final decision after a background check?

After a background check is complete, employers use the information they find through the process to make informed decisions about whether they would like to invite you to be a part of their organization.

Why did my background check get flagged?

Discrepancies or inconsistencies in employment history can raise red flags during a background check. This may include gaps in employment, conflicting job titles or dates, or unverifiable claims of previous positions or responsibilities.