Understanding How Long Criminal Charges Stay on a Background Check

The duration that criminal charges and convictions stay on a background check can significantly impact an individual's life, especially when applying for jobs, security clearances, or government positions. Although the specifics can vary widely based on local laws, jurisdiction, and the nature of the offense, it is crucial to understand the general timelines and requirements.

General Timeline of Criminal Charges on Background Checks

Criminal charges and convictions can remain on a background check indefinitely or for a specified period. In many cases, older non-conviction information like arrests without charges or charges without convictions may be reported for a shorter period, often up to 7 years. However, for more serious offenses, the record can remain indefinitely.

Non-Conviction Information

When it comes to non-conviction information, such as arrests without charges or charges without convictions, these typically disappear from the record after a set period. In many states, the general timeframe is around 7 years. For example, in Arizona, certain adult felonies cannot be expunged, but they can be appealed and potentially expunged if the appeal is successful. On the other hand, a minor's first felony conviction may be expunged in some cases.

Conviction Information

Convictions, particularly for serious crimes, can stay on your criminal record indefinitely. This means that even if the charge was resolved years ago, the conviction will remain visible in background checks. The exact duration can depend on local laws, the severity of the offense, and the type of background check being conducted.

Company Background Checks

Companies conducting background checks have different investigation periods. A standard background check is often limited to 7 years and typically covers only felony convictions. However, if a company conducts a more in-depth background check, they may see information going back to day one. In certain job applications, like for government work or work with children, or for security clearance processes, a background check may go back decades.

Specific Situations

Certain professions and positions have specific background check requirements. For instance, work involving pharmaceuticals or transporting them, such as in trucking jobs, may exclude individuals with drug convictions. Similarly, anyone with a drug felony charge may not receive a pharmacist's license. Similarly, arrests or convictions involving child abuse or other crimes can negate employment in positions involving children under 18 years old.

It's important to note that background checks can also apply to civilian jobs that involve working with government contracts, like Swift Aircraft, which worked with government contracts but had a policy of no felonies. Some positions, like those involving aircraft or even some minor infractions, can affect employment opportunities.

Expungement and Pardons

While convictions cannot be completely erased, they can sometimes be expunged under certain circumstances. Expungement is the legal process of removing the criminal record entry or sealing it from public view. In Arizona, adult felonies cannot be expunged, but they can be appealed, and if reversed, they may be expunged. Federal charges can be expunged with a presidential pardon, while certain state governors may offer expungement in some cases.

In summary, the duration of criminal charges on a background check can vary widely. Non-conviction information like arrests without charges may disappear after 7 years, while convictions can remain indefinitely. It is essential to understand the specific requirements and regulations applicable to each situation when looking for employment or government positions.