Why didn't my felony show up?

Asked by: Enos Runte  |  Last update: March 4, 2026
Score: 4.8/5 (16 votes)

A felony might not show up on a background check due to expungement/sealing, state laws (like 7-year limits or marijuana record bans), the check being limited or basic, recent case delays, using an alias name, or the charge being resolved through pre-trial diversion (like probation that led to dismissal) rather than a conviction. Federal jobs or highly sensitive roles might see more, but standard employer checks often miss older or sealed records.

Why would a charge not show up on a background check?

Sealed arrests, pardoned convictions, juvenile offenses and most infractions will not show up on a background check. If you have questions regarding your criminal history, contact the California Attorney's office and speak to a representative in the Records Review department (916-227-3849).

How long does it take for a criminal charge to show up on your record?

Courts transfer their records to the larger state record repositories intermittently and rarely on the same day. This pattern of delayed updates means that a pending charge might take weeks or months to show up on state checks.

Why didn't my background check go through?

From criminal convictions and driving violations to falsified employment and education credentials, there are several common reasons that can cause a “failed” background check.

Do pending felony charges show up on a background check?

For example, California allows the inclusion of all pending charges in background checks. While the state forbids reporting of arrests not resulting in convictions, it doesn't prohibit the reporting of currently pending criminal charges.

Will Your Pending Case Show Up On A Background Check? | Austin Criminal Defense

30 related questions found

How long does a felony stay on your background?

A felony generally stays on your record permanently unless you take specific legal action like expungement, sealing, or pardon, which are available in some states depending on the offense and your conduct, but severe felonies are often excluded, making them visible on background checks indefinitely. While some state laws (like California's Clean Slate) automate record sealing for certain offenses after a period, others require you to petition the court, and a conviction itself is a lifelong record. 

What is the hardest background check to pass?

The hardest background checks are typically US government security clearances (especially Top Secret/SCI) and those for high-level law enforcement, involving deep dives into criminal, financial (credit), employment, and personal history (interviews with associates) via extensive forms like the SF-86, far exceeding standard employment screening. These checks scrutinize all life aspects for integrity, reliability, and potential security risks, often requiring disclosure of past drug use, financial issues, and undisclosed criminal records, making them incredibly difficult to pass if issues exist. 

What does a failed background check look like?

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 ...

What is the most common reason for failing a background check?

The most common reasons for failing a background check are criminal history, inaccuracies on your resume (like faking education or experience), and failing a drug test, with other frequent issues including a poor driving record, bad credit, or unverifiable information. A criminal record, especially for theft, violence, or fraud, is a major disqualifier, as are lies about your past, but many minor offenses from long ago may be overlooked. 

What are red flags on a background check?

Red flags on a background check are inconsistencies or negative findings like criminal history (especially violent or financial crimes), employment/education discrepancies (lying about degrees or dates), poor credit, failed drug tests, or unprofessional social media that raise concerns about a candidate's integrity, judgment, or suitability for a role. Major red flags include criminal records, dishonesty, financial irresponsibility (for financial roles), and substance abuse issues.
 

Can you get a job with a pending felony?

Generally, it can't be held against you since a pending charge is not a conviction. You don't have to disclose it since the outcome is also unknown. Employers generally can't take it into consideration if it's not a conviction, but that doesn't mean they won't do it anyway. *Not a lawyer.

How often do felony cases go to trial?

By some estimates, only 2% to 3% of criminal cases go to trial. It's no secret that the overwhelming majority of criminal cases never reach trial. The prosecution may dismiss charges, perhaps because of a lack of evidence.

How long does a criminal charge stay on your record in Canada?

The Criminal Records Act states that, except in exceptional circumstances: & no record of an absolute discharge may be disclosed after one year from the discharge date & if the discharge is conditional, no record may be disclosed after three years.

What charges make you fail a background check?

Disqualifying offenses in background checks typically involve serious crimes like violent offenses (murder, assault, kidnapping), sexual offenses (child molestation, sexual assault), major drug felonies (trafficking, manufacturing), and financial crimes (fraud, money laundering), especially for roles involving vulnerable populations or federal security, but can also include poor credit, drug use, domestic violence, and inconsistent application info, depending on the job and state laws. Federal and state laws mandate disqualifications for specific offenses, while employers often have their own criteria, considering the nature, recency, and relevance of the offense to the job. 

Does everything show up on a background check?

It depends on several factors including organizational policies and procedures, federal and local legislation, and the type of position being filled. Nearly all pre-employment background checks will include identity verification, employment verification, education confirmation, reference checks, and criminal records.

Is my life ruined if I get a misdemeanor?

A misdemeanor won't necessarily ruin your life, but it can have significant, long-lasting impacts on employment, housing, education, and professional licensing, though these effects often lessen over time and can sometimes be expunged or sealed. While it's not as severe as a felony, a conviction creates a criminal record that can show up on background checks, making it harder to get certain jobs or loans, but many employers overlook misdemeanors, especially after several years or if the conviction is expunged. 

What looks bad on a background check?

Things that look bad on a background check include criminal records (especially job-related offenses), significant inconsistencies on resumes (like falsified degrees or job titles), frequent job hopping, unexplained employment gaps, poor credit (for financial roles), negative social media activity (hate speech, unprofessionalism), and failed drug/driving tests, all suggesting dishonesty, instability, or risk to the employer. 

When to worry about a background check?

Multiple issues can cause you to fail a background check, including relevant criminal convictions, misrepresentations made on your resume or during your interview, a failed drug test, poor credit record, poor driving history, bad references, and unexplained employment gaps.

Why didn't I pass a background check?

A background check is denied due to issues like a criminal record, major discrepancies in employment/education history, a poor driving record (if relevant), failed drug tests, or concerning credit history, often stemming from dishonesty on applications, unresolved offenses, or red flags like financial instability or substance abuse that don't align with the job's requirements. 

What could ruin a background check?

You fail a background check due to red flags like criminal history, lying on your application (education, job history), a failed drug test, a poor driving record, or issues like bad credit for finance roles, all of which signal a potential mismatch with the job's requirements or company standards. Other common reasons include unverifiable credentials, negative references, or even inconsistent personal identification details. 

How do I know if I didn't pass a background check?

If the background check uncovered adverse information that disqualifies you from the hiring process, potential employers are required by law to send you a notice of adverse action detailing the reasons why they're rejecting your application, along with a copy of the report and a summary of your rights under the Fair ...

How do I tell if I will pass a background check?

To know if you can pass a background check, honestly review your criminal record, driving history, credit, and employment/education details for major discrepancies or disqualifying offenses (like fraud for finance jobs), then proactively order your own check through a service like Checkr or GoodHire to see what employers see and prepare explanations for red flags like old misdemeanors. 

What are major red flags on a background check?

Top Red Flags in Background Screening

  • Criminal Records. Theft, assault, fraud, or DUIs. ...
  • False Information on Resumes. Misstated job titles, companies, or responsibilities. ...
  • Gaps in Employment History. ...
  • Frequent Job Changes. ...
  • Poor Credit Report. ...
  • Social Media Issues. ...
  • Negative References. ...
  • Refusal to Consent.

How to fail a criminal background check?

Most employers consider criminal records and employment history during the background check process. Here are some red flags in a criminal background check that may disqualify you: Felony convictions (murder, rape, robbery, arson) Multiple misdemeanors.

What criminal background check do most employers use?

To run a criminal record search on your job applicants, you have several options to choose from: County Criminal History Search:County criminal history searches are the most common form of criminal background check. These searches allow employers to pull reports from court records of specific counties.