Do arrests show on background checks? 53 Answers as of June 26, 2013

I was arrested but not convicted.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
The results of background checks depend on the type of search and who is conducting the search. If there is a court-file, some background checks will show the disposition of a case. In Michigan, state police background checks or "LIEN" searches will show everything, regardless of how the case was disposed of. However, only a small, limited number of agencies and offices can conduct a "LIEN" search. If someone wishes to remove all traces of their arrest, they may be able to request that finger prints get destroyed by the State Police. However, criminal cases are generally public matters and there is a least some trace of the file kept at the court for a lengthy period of time. In certain situations, such as diversionary programs for HYTA participants, the file may be sealed, making it almost impossible for the general public to know the charge exists. Of course, anyone charged with a criminal offense is presumed innocent until proven guilty beyond a reasonable doubt. Hopefully, whomever conducts the search will treat the dismissal as a dismissal and won't use the fact that a person was simply charged against them.
Answer Applies to: Michigan
Replied: 11/30/2011
Law Offices of Kenneth Wincorn P.C.
Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
This will show up and you are probably a candidate for an expunction to get rid of the record.
Answer Applies to: Texas
Replied: 11/29/2011
Law Office of Richard Southard
Law Office of Richard Southard | Richard C Southard
It depends on who is doing the background check and what the ultimate outcome of the case was. Certain groups like law enforcement, government agencies and licensing agencies have a greater ability to see arrest records.
Answer Applies to: New York
Replied: 11/28/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
If you were booked at the time of arrest that will show on your automated criminal history. Since "background checks" can mean many things it is otherwise difficult to answer your question. If you were charged in court it will show up in the records of that court. If you were arrested and not charged it will not.
Answer Applies to: California
Replied: 11/28/2011
Law office of Robert D. Scott | Robert Scott
Arrests may show up on a background check. However, if you were not convicted of the charge, it should not be held against you.
Answer Applies to: Maryland
Replied: 11/23/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    Yes, the arrest and case disposition will show on a background check unless you qualify for expungement and have had the record expunged.
    Answer Applies to: Georgia
    Replied: 11/22/2011
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    It would depend upon how the record check is conducted. If the preparer checks Sheriff's Department booking records, they may find it. If a court file was opened, there will be a record of that filing even without a conviction. Under this circumstance, you may however be able to expunge (seal) the file.
    Answer Applies to: Minnesota
    Replied: 11/23/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    An arrest will show up as an arrest.
    Answer Applies to: Kansas
    Replied: 11/23/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Yes, if the charges were dismissed, you should request that your arrest record and fingerprints be destroyed. This can be done through a motion with the court where the charges were pending.
    Answer Applies to: Michigan
    Replied: 11/23/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Yes it will usually show the final disposition. If you completed deferred adjudication successfully or got it dismissed, then you really need to spend the money and get your record sealed. You hit a homerun, now it's time to run the bases.
    Answer Applies to: Texas
    Replied: 5/31/2013
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    Yes, they do.
    Answer Applies to: Georgia
    Replied: 5/31/2013
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    Yes. However, you can file a 851.8 motion if you were factually innocent of the charges to get the arrest off your record.
    Answer Applies to: California
    Replied: 11/21/2011
    The Law Office of Cindy Barton
    The Law Office of Cindy Barton | Cindy Barton
    Yes, all arrests are shown on a background check. It will show that you were not convicted, but it will show an arrest. You can have even the arrest expunged from your record. Go to the Utah Courts website and click on expungement.
    Answer Applies to: Utah
    Replied: 11/21/2011
    Law Office of Ronald Aronds, LLC
    Law Office of Ronald Aronds, LLC | Ronald Aronds
    Yes arrests can show up. If you were arrested but not convicted you can apply for an expungement of your arrest record at this time.
    Answer Applies to: New Jersey
    Replied: 11/21/2011
    Law Offices of Louis M. Leibowitz, LLC
    Law Offices of Louis M. Leibowitz, LLC | Louis Leibowitz
    Yes. You should file for an expungement if you were not convicted.
    Answer Applies to: Maryland
    Replied: 11/21/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    Many times they do. If you were not convicted request that the arrest records be returned or sealed.
    Answer Applies to: Minnesota
    Replied: 11/21/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    It depends on source of record. Law enforcement will see record of arrests, private companies will only see convictions. You can annul a record of arrest pursuant to RSA 651:5.
    Answer Applies to: New Hampshire
    Replied: 11/21/2011
    Keyser Law Firm
    Keyser Law Firm | Christopher W. Keyser
    Arrests are always part of your record unless you file for an expungement to seal the arrest record. In many instances, you can do this administratively through agencies holding these records and may not need to go through the court system at all.
    Answer Applies to: Minnesota
    Replied: 11/21/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    No.
    Answer Applies to: New York
    Replied: 5/31/2013
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Your arrest will always show up on the NYSID computer, but if your case was dismissed or you were acquitted your employers will not be able to see the arrest. The police and prosecutors will see that you were arrested but that that the case was dismissed.
    Answer Applies to: New York
    Replied: 11/21/2011
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    Thorough background checks will show arrests and convictions.
    Answer Applies to: Minnesota
    Replied: 11/19/2011
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    Arrests can show up on background checks. You can move to expunge some arrests. expungment is the only way to clear your record. In order to find an arrest, companies send a background person to the court to search databases at local courts. Although you are not convicted, they can show up.
    Answer Applies to: Wyoming
    Replied: 11/19/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Yes.
    Answer Applies to: California
    Replied: 5/31/2013
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Yes, an arrest can potentially show up on a thorough background check. However, most private employers cannot ask about arrests, only convictions and pending cases. If you were arrested, but not charged, you may want to contact a local criminal defense attorney that has experience with filing a petition for factual innocence under Penal Code section 851.8. If that's granted, it's an order to the police and the DOJ to seal and destroy the arrest record and remove it from your record. That's the only way to actually remove something.
    Answer Applies to: California
    Replied: 11/18/2011
    Frankel & Cohen | Scott Jay Frankel
    Arrests do show on your arrest record unless you have had the record expunged.
    Answer Applies to: Illinois
    Replied: 11/18/2011
    The Law Office of Corey Cohen
    The Law Office of Corey Cohen | Corey Cohen
    Yes you should get it expunged or sealed.
    Answer Applies to: Florida
    Replied: 11/18/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    An arrest would show on an NCIC check, but would not likely show on any other criminal check.
    Answer Applies to: Alabama
    Replied: 11/18/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    There are exceptions, such as certain government employers, but usually employers will only see convictions.
    Answer Applies to: California
    Replied: 11/18/2011
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    They can, but it would be improper to use it against since it is not a conviction.
    Answer Applies to: California
    Replied: 11/18/2011
    Law Offices of Stephanie Lee Ehrbright, Esq.
    Law Offices of Stephanie Lee Ehrbright, Esq. | Stephanie Lee Ehrbright
    It may or may not, depends on how extensive of a check they are running.
    Answer Applies to: Arizona
    Replied: 11/18/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Yes.
    Answer Applies to: Michigan
    Replied: 5/31/2013
    Michael Edwards, Attorney at Law
    Michael Edwards, Attorney at Law | Michael Edwards
    Yes, they do, unless you have them expunged. To start the expungement process, you need to visit with the Bureau of Criminal Identification in Salt Lake City, 3888 West 5400 South.
    Answer Applies to: Utah
    Replied: 11/18/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    It depends a lot on who is performing the check. There are different levels of confidentiality. General background checks can only obtain conviction data. Military Special Operations background checks get the names of the kids in your kindergarten class. It really has to do with the level of scrutiny being applied and the sensitivity of the position.
    Answer Applies to: Washington
    Replied: 11/18/2011
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    Yes, unless you get them expunged by a lawyer.
    Answer Applies to: Pennsylvania
    Replied: 11/18/2011
    The Law Offices of Dustan Neyland
    The Law Offices of Dustan Neyland | Dustan Neyland
    Yes, any arrest that has not been expunged will show on your background check. You need to hire an attorney to file petition for expungment on your behalf. Once a judge signs an order of expungment, law enforcement will be required to delete the arrest from their records.
    Answer Applies to: Texas
    Replied: 11/18/2011
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    Yes, (depending on who's looking, where they're looking, how hard they're looking, and whether they understand what they're looking at), there will be a record of your arrest. When you say "criminal record", you're actually referring to several things: 1) records of arrests, 2) records of charges filed, and 3) records of convictions. If you were arrested and charged but not convicted, that will be reflected in public records.
    Answer Applies to: California
    Replied: 11/18/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Yes. A 'criminal record' includes arrests, whether charges were ever filed or not. You can remove that from your record by filing a record sealing action since you were not convicted. See the forms at: http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=34.
    Answer Applies to: Colorado
    Replied: 11/18/2011
Click to View More Answers:
12 3 4 5 6 7 8 9 Free Legal QuestionsConnect with a local attorney