If you’ve been arrested and charged with drug possession, you might be worried about how this charge could affect your job prospects. A common concern is whether a possession charge will show up on a background check. It’s important to remember that a charge does not equal a conviction, but having a charge does mean that a criminal record exists.

How Background Checks Work
Background checks provide a comprehensive view of your criminal history, including arrests, charges, and convictions. The rules regarding what shows up on these checks can vary significantly by state. In most states, a possession charge will indeed be visible on a background check.
Federal law imposes a seven-year limit on reporting certain background check information. According to the Fair Credit Reporting Act (FCRA), non-convictions that are over seven years old cannot appear in background check reports. Non-convictions include not-guilty verdicts, dismissed cases, diversions, and arrests that did not lead to charges. Regardless of how these terms are defined in your state, after seven years, non-convictions should not appear in your background check.

Pending Charges and Background Checks
Pending charges can also show up on background checks, unless state laws state otherwise. For instance, in Arkansas, pending felony charges will appear, but pending misdemeanor charges will not. In California, while pending charges can be reported, employers cannot base employment decisions solely on these charges.
To learn more about background check laws in your state, you can visit the Restoration of Rights Project for a comprehensive overview.
Options for Clearing Your Record
Even if non-conviction charges cannot be reported after seven years, it can still feel burdensome to have a criminal record during that time. Your best option is to consult an attorney to explore possibilities for sealing or expunging your record. The ability to seal or expunge non-conviction records varies by state, and some states only offer this relief for first offenses or after specific waiting periods. Check the Restoration of Rights Project for details on your state’s expungement laws.
Can You Be Denied Employment Due to a Possession Charge?
Yes, it is possible to face employment denial due to a possession charge. The impact on your job opportunities will depend on various factors, including:
- Whether state law allows the charge to be reported on your background check.
- If employers are legally allowed to consider the charge in their hiring decisions.
- The employer’s focus—whether they prioritize charges or convictions.
- The relevance of the charge to the job at hand.
It’s worth noting that a drug possession charge is often viewed as less concerning by employers compared to charges related to theft or violent crimes.
Next Steps
To better understand if your possession charge will appear on a background check and if employers can consider it for hiring decisions, check the links provided earlier. Additionally, investigate whether your state offers options for expungement or sealing of non-conviction records. Consulting with an attorney can help you take the necessary steps to protect your future employment opportunities.
Also Read This Article : What Does HUD Look For On Your Background Check | 2025: Essential Insights for a Successful Application
Summary
This article explores how a drug possession charge affects background checks, including what shows up, the impact on employment, and options for expungement.
FAQS
Will a possession charge show up on a background check?
Yes, a possession charge typically appears on a background check if it’s a criminal offense. However, this depends on factors such as the state’s reporting laws, the severity of the charge, and the type of background check being conducted. Expunged or sealed records may not show up.
What does a background check not include?
Background checks typically do not include protected information such as medical records, personal financial data (unless specifically requested), or records that are legally sealed or expunged. Some minor infractions or outdated information may also be excluded, depending on local laws.
What does a background check not include?
A standard background check usually excludes personal details like medical records, private social media activity, and in some cases, financial information like credit scores unless specified. Certain non-criminal or sealed records may also be omitted from the report.
What causes a red flag on a background check in the UK?
Red flags in the UK may include criminal convictions, undisclosed employment history, poor credit (for specific roles), or gaps in employment. Discrepancies between the provided information and verified records can also raise concerns for employers.