How to Find Out if Criminal Charges Are Filed

Michelle Wilson - February 17, 2024

Criminal charges are the formal accusation that someone has committed a crime. The charging document will contain one or more criminal charges, which can take several forms. A charging document is the initial step in a criminal proceeding, but it doesn’t mean an individual has a criminal record. To check if you’ve been charged with a crime, you can contact local law enforcement, run a background check, or hire an attorney. To be convicted, a person must be found guilty beyond a reasonable doubt. A conviction requires a trial, sentencing, and court proceedings.

Will Individuals Receive Notice of Criminal Charges?

When police officers begin the investigation, they do not need to notify you. The investigation must remain unbiased, collecting all necessary information without protest or interference. Individuals will not receive notification when charges are officially brought against them. Police officers don’t need to inform the defendant of charges during the investigation. Lack of disclosure prevents interested parties from fleeing during the criminal proceedings.

How to Uncover You Have Criminal Charges

You have three options to determine whether you’ve been charged with a crime. You can contact local law enforcement to inquire about the status of charges, obtain a private background check, or hire an attorney.

Contacting Law Enforcement Directly

Contacting local law enforcement to gather information can prove problematic overall. There’s a chance the reporting officer won’t release information to you over the phone, even if they see a pending charge. Most agencies require all details to remain private until the charges are acted upon. Unfortunately, this means you won’t be able to see a charge until after the arrest. If you visit the police station in person, there’s a chance you’ll be arrested immediately.

Running a Criminal Background Check

This option will compile all relevant information about an individual into a comprehensive report. Details within the report will include all criminal history, including any arrests or convictions. The criminal background check will report all history for at least seven years, although the reporting will depend on the individual state. If the background check doesn’t include any current warrants, there’s a chance you won’t know about a pending charge until your arrest. Thankfully, most background check companies will report criminal activity in real-time, meaning you’ll receive status updates as they update the system.

Using a Defense Attorney

Using a private defense attorney to check with law enforcement can help an individual determine whether any pending criminal charges exist. Becoming a client of an attorney minimizes the risk of reaching out independently. Attorneys, including criminal charges, will often have access to additional information than citizens.

Understanding Criminal Charges

When a crime occurs, police will start an investigation and obtain evidence to confirm it happened. The law enforcement will also determine who they believe is responsible for the actions. Warrants often follow an investigation when law enforcement files criminal charges against the defendant.

What is a Warrant?

A warrant is a document issued by legal or government officials allowing police to make an arrest. Warrants may also include property searches or other actions relating to the administration of justice. A warrant allows police to arrest an individual at any time by an authorized law officer.

Infraction Criminal Charges

An infraction criminal charge is the lowest type in the United States. Penalties for these charges often include probation or a monetary penalty. Defendants cannot be arrested or imprisoned for infraction charges.

Misdemeanor Criminal Charges

A misdemeanor is less serious than a felony but more severe than infraction charges. It is punishable by fines, probation, or incarceration under one year. Regulations on jail time will largely depend on the misdemeanor classification. Three misdemeanors exist: Class A, B, and C. Class C charges are the least severe, with Class A being the most severe.

Felony Criminal Charges

Felony criminal charges depend on the individual state, but federal law often determines processing. These charges result in steep punishments, including at least one year in jail. The felony charge is the most severe of all criminal charges.

What Appears on a Criminal Background Check?

A criminal background check offers a comprehensive profile of an individual, reporting any information about crimes. The details of a background check will include charged, tried, or convicted accounts. For most background checks, these records will consist of the charge type, the offense, filing dates or case numbers, verdict, and sentencing.

Some criminal background checks will also include any pending charges or arrests. These records do not prove guilt but may offer insight into criminal charges filed against you.

Is a Criminal Background Check Different than Fingerprinting Background Checks?

Online criminal background checks will use name-based records to find criminal history. These documents are according to name, not by fingerprints. Name-based checks do hold a small risk of false positive results. A false positive occurs when two individuals share a name within the system. Criminal background checks will return records on a subject that pertains to a different individual.

Fingerprinting background checks can produce different results than name-based screening, although they may miss information that name-based checks easily find. The FBI uses an Integrated Automated Fingerprint Identification System (IAFIS) spanning over 70 million records. False positives with this method are exceedingly rare but would depend on the reporting method within the state.

Will Parking Tickets Appear on My Criminal History?

Unpaid tickets won’t go on your criminal history, but the consequences of having unpaid tickets might. Parking tickets are non-moving violations not reported to the police or insurance. Failing to pay parking tickets can lead to higher fines and potential police intervention. Police intervention can appear under the criminal history portion of your background check.

Are Sealed or Juvenile Records on My Criminal Records?

Sealed and juvenile records will never appear on someone’s background check. A sealed record will keep the contents out of public background checks, including employers and landlords. A few government agencies and law enforcement can see sealed records. Expunging the criminal record will destroy all evidence of it happening. Additionally, expunged records are sealed from public view and no longer exist in the eyes of the law. These records will not appear in background checks.

Conclusion

If police officers are in the investigation stage of a crime, individuals won’t receive notification of pending action. Most individuals won’t receive notice of pending charges against them until the arrest. To determine whether criminal charges have been filed, contact local law enforcement, speak to a private attorney, or order a background check online. Criminal charges are not an admission of guilt; they name an individual they believe caused the crime.