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Law Office of Peter F. Goldscheider | Peter Goldscheider
An arrest can appear on an automated criminal history summary even though it did not result in a conviction. In California however it is illegal to discriminate on the basis of an arrest alone as it is no proof of wrongdoing.
Answer Applies to: California
Replied: 4/23/2012
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
Only convictions can be used against you, arrests likely will not be in a background check.
Answer Applies to: California
Replied: 12/1/2011
Law Office of Jeff Yeh | Jeff Yeh
No it won't, unless you are applying for a job with law enforcement or running for public office.
Answer Applies to: California
Replied: 12/1/2011
Law Office of Eric Sterkenburg | Eric Sterkenburg
If someone goes deep enough it will show up. It will show up as an arrest without a conviction.
Answer Applies to: California
Replied: 11/30/2011
Law Office of Anthony Sessa | Anthony Sessa
No! Also, tell your friend to deny any police arrest admissions on an employment application form.
Answer Applies to: California
Replied: 11/30/2011
Law Office of Joe Dane | Joe Dane
It may show, but they can't use it against her. Under California Labor Code 432.7, an employer cannot consider an arrest that did not lead to a conviction. They can ask about convictions and pending cases. If her case has not been filed, it is not "pending" so she can answer no to those type questions.
Answer Applies to: California
Replied: 11/30/2011
The Law Offices of Robert L. Driessen | Robert L. Driessen
Employers are only able to ask about convictions in California and not arrests and employment background checks should only be limited to actual convictions. That being said sometimes arrests do appear on background checks.
Answer Applies to: California
Replied: 11/30/2011
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
It might. Depends on where the company PI checks. An arrest without more is not a basis for not hiring.
Answer Applies to: California
Replied: 11/30/2011
Law Offices of Paula Drake | Paula Drake
If the person was booked, the arrest may show up on the background check. Most misdemeanors carry a one year statute of limitations, so the prosecutor still may file the case. The person should contact an attorney to follow up on the status of the case and best determine how to proceed.
Answer Applies to: California
Replied: 11/30/2011
Law Office of Andrew Roberts | Andrew Stephen Roberts
Yes- possibly. DA has up to one year to file for misdemeanors.
Answer Applies to: California
Replied: 11/30/2011
Rizio & Nelson | John W. Bussman
It depends on who is looking, how hard they're looking and whether or not they understand what they're looking at, but the short answer is yes. There will be a record of the arrest, but it will show that no charges were filed and that no conviction was obtained. In CA, it is illegal for a prospective employer to discriminate against a prospective employee based on an arrest that did not result in a conviction. If asked on a job application, your friend can honestly say that she has no criminal record.
Answer Applies to: California
Replied: 11/30/2011
Pascher Law Firm | Sonia Pascher
The arrest can show up in a background check. There is a process, however, to seal the arrest record.
Answer Applies to: California
Replied: 11/30/2011
The Hashemi Law Firm | Babak Hashemi, Esq.
An arrest will show on your record, unless you make a motion to the court to seal the records. The court will do so if you're found to be factually innocent.
Answer Applies to: California
Replied: 11/30/2011
