Would a background check show if a person had a felony or just show the charges?

Get Legal Help Today

 Secured with SHA-256 Encryption

Would a background check show if a person had a felony or just show the charges?

I was wondering if a background check showed misdemeanors and felonies for people or

whomever to see. I was never convicted of a felony but if a charge was diverted and dismissed does that mean it’s a misdemeanor or just a charge?

Asked on November 6, 2016 under Criminal Law, Kentucky

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

What appears on a background check will depend on the quality of the report and how the reporting entity obtained their data.
If an employer buys a report directly from a law enforcement agency, then many will only report conviction data.  I will note that the conviction was for a felony or misdemeanor, whichever is applicable.  They will often refrain from reporting mere arrest data.
If an employer buys a report that is based on data from a district clerk, it may include more than conviction data.  Criminal files are generally public record.  This means that a background reporting agency or background investigator can look at the actual file and see the whole case history from the original charging instrument to the final disposition sheet..including the dismissal or diversion.
If you are concerned about what your criminal history looks like, then you should pay to see a report on yourself to make sure that your information is correctly reported. If the information is not correctly reported, you can dispute the incorrect entry on the report....much like you would report an incorrect entry on your credit report.  The procedures are very similar, which includes sending a written notice that the information they are reporting on you is incorrect and that you dispute their reporting of incorrect information.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption