Will a misdemeanor felony after five years show up on a background check?

Answer 1

It depends. Are you referring to convictions or warrants? ANY 'active' warrants [for both misdemeanors and felonies] will show up on a thorough background check. However, ALL warrants are also subject to the issuing state's STATUTE OF LIMITATIONS. [F.Y.I.; charges and/or warrants for crimes such as murder, and some crimes involving children, do NOT have a statute of limitations.] In most states, the statute of limitations for a misdemeanor charge and/or warrant is ONE year, while the statute of limitations for a felony charge and/or warrant is THREE years. [Meaning: After the applicable statute of limitations has run it's course NO FURTHER ACTION CAN BE LEGALLY TAKEN IN THE MATTER.] However, it would be VERY WISE to research the applicable state laws regarding ANY WARRANTS. While the applicable statute of limitations may have run it's course, this WILL NOT automatically negate an 'active' warrant. If you have ANY TYPE of warrant for your arrest [and the applicable statute of limitations has run it's course] you should contact the District Attorney's office IMMEDIATELY in the county in which the warrant is issued, and request that the warrant be immediately 'recalled' due to the fact that the staute of limitations has run it's course.. As far as CONVICTIONS are concerned; well, that's another story! A 'thorough' background check will reveal ANY CRIMINAL CONVICTIONS. In addition, FELONY CONVICTIONS [unless 'set-aside' by the court] CANNOT BE 'EXPUNGED' [legal term for 'erased'] FROM ONE'S RECORD. The BAD news is that a felony conviction [unless 'set-aside' by a court] will 'follow' you FOR LIFE!!! The even worse news is that courts RARELY 'set-aside' felony convictions without being presented OVERWHELMING evidence that the convicted is actually innocent!!! [i.e. D.N.A. evidence] The GOOD news is that felony charges which resulted in such verdicts as a 'dismissal' or 'not guilty' CAN be expunged from one's arrest record! It is VERY IMPORTANT TO NOTE that even if you were found 'not guilty' a felony arrest is kept on one's U.S. Depatment of Justice record PERMANENTLY unless expunged. However, the process to expunge ANY arrest record [especially a felony arrest record] is complex. In such a case, it is best to be advised by an attorney. More good news is that MOST misdemeanor ARRESTS and/or CONVICTIONS can be expunged from one's record! Remember: A thorough enough background check will reveal ANY prior arrests and/or convictions! However, I highly recommend that you consult with an attorney in your area before making an decisions. I hope this has helped answer your question.