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Jacob P. Sartz IV., Attorney at Law | Jacob Sartz
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. | 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 | 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 | 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 | 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
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 | 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 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
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 | 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 | 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 | 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 | 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 | 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 | 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 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 | 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
Cynthia Henley, Lawyer | Cynthia Henley
Possibly. If you were arrested and the case dismissed, you should hire a lawyer and expunge the case.
Answer Applies to: Texas
Replied: 11/19/2011
The McDonnell Law Firm, PLLC | Patrick J. McDonnell
Yes. It will also show the disposition (dismissed, 1 year in jail, etc).
Answer Applies to: New York
Replied: 11/19/2011
Law Offices of Karen Kilpatrick | Karen Kilpatrick
Yes, arrests do show on background checks. You need to get your record sealed or expunged if you do not want the arrest to appear on public records.
Answer Applies to: Florida
Replied: 11/19/2011
Lawrence Lewis | Lawrence Lewis, PC
Arrests show as arrests and can be expunged.
Answer Applies to: Georgia
Replied: 11/19/2011
Law Office of Daniel K Martin | Daniel K Martin
Arrest do not show on employer back ground checks however they are visible by the police when they review your CLETS. (California Law Enforcement Telecommunications System).
Answer Applies to: California
Replied: 11/19/2011
Timothy J. Thill P.C. | Timothy J. Thill
Yes, anytime you have been fingerprinted, you have a formal arrest. To get arrests expunged, you must have been acquitted of the offenses or had the charges dropped by the court or prosecutor. If this is the case, go to the clerk's office in the county where the case was handled and they should provide you with information and forms to file for an expungement.
Answer Applies to: Illinois
Replied: 11/19/2011
Reza Athari & Associates, PLLC | Seth L. Reszko
Yes, arrests do show up on criminal background checks.
Answer Applies to: Nevada
Replied: 11/18/2011
Law Office of James A Schoenberger | James A Schoenberger
Yes. You can, however, seal non-conviction data.
Answer Applies to: Washington
Replied: 11/18/2011
Austin Legal Services, PLC | Jared Austin
It depends on how good the background check is but arrests very rarely show up on standard background checks.
Answer Applies to: Michigan
Replied: 11/18/2011
The Law Office of M. Elizabeth Foley | M. Elizabeth Foley
Yes, they will show up on a background check. If you weren't convicted and the case is over with, you should probably be able to get the arrest expunged so that it won't show up anymore.
Answer Applies to: Texas
Replied: 11/18/2011
Beaulier Law Office | Maury Beaulier
If you were charged, the charges will show up on a background check and indicate that the charges were dismissed.
Answer Applies to: Minnesota
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
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
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 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 | 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 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
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
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
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
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
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
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
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
