Does a first time criminal offense show up on a background check for employment? 55 Answers as of June 09, 2013

I'm out of jail as a first time offender and wanted to know if when a background check is ran for employment does it show up

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Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
It depends on how good of a background check they use. Keep in mind that anyone can obtain your criminal record through the Michigan State Police for a nominal fee.
Answer Applies to: Michigan
Replied: 8/24/2011
Harrison & Harrison
Harrison & Harrison | Samuel Harrison
It will unless you plead under the first offender act.
Answer Applies to: Georgia
Replied: 8/20/2011
Anderson Walsh PLLC
Anderson Walsh PLLC | STACI LYNN ANDERSON
Yes, your first offense will most likely show up on a criminal history search.
Answer Applies to: Idaho
Replied: 9/20/2012
Andersen Law PLLC
Andersen Law PLLC | Craig Andersen
It will until you get the conviction vacated and dismissed.
Answer Applies to: Washington
Replied: 8/15/2011
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
All convictions are permanent records and will likely show up on a criminal che3ck.
Answer Applies to: Alabama
Replied: 8/15/2011
    Law Office of Nixon Ayemi | Nixon Ayeni
    Yes it does, if you were arrested and charged with a crime.
    Answer Applies to: Minnesota
    Replied: 8/17/2011
    Law Office of Sara Sencer McArdle
    Law Office of Sara Sencer McArdle | Sara Sencer McArdle
    Yes. With the internet, most jobs will find out about your record even if you have no conviction. I am unsure what you mean by a first time offender. You can call me for further information.
    Answer Applies to: New Jersey
    Replied: 8/15/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Any criminal conviction you have will show up on a computer search. The NYSID computer search will show the arrest and disposition and cannot be erased since New York does not have an expungment statute.
    Answer Applies to: New York
    Replied: 8/15/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    Yes, unless the arrest and charge is sealed by the Court.
    Answer Applies to: Alabama
    Replied: 8/15/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes. It should show up.
    Answer Applies to: New York
    Replied: 8/14/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    Yes. If you were charged with an offense, even if it was dismissed, it will show up at least until you expunge it. If you were convicted, you cannot expunge it. If you got and successfully completed deferred adjudication probation you might be able to seal the record depending on the charge. While the charge is pending, it will show in a criminal background check.
    Answer Applies to: Texas
    Replied: 8/14/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    An arrest, conviction, aquittal, dismissal and a diversion will all show up on a background check in most instances.
    Answer Applies to: Kansas
    Replied: 8/13/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    Unless you have specifically taken actions to pursue an expungement, the arrest, charges and conviction will most likely still appear. Even after filing an expungement, certain state agencies are entitled to your records. Your best option, though is to proactively pursue an expungement by hiring a local criminal defense attorney. My office handles a large number of expungements on a regular basis and I would like to invite you to contact my firm at the information on this page for a free case evaluation if you are seeking legal representation in Louisiana.
    Answer Applies to: Louisiana
    Replied: 8/13/2011
    Potter Law Offices
    Potter Law Offices | Cal J. Potter, III, Esq.
    All arrests are on criminal scope sheets.
    Answer Applies to: Nevada
    Replied: 8/13/2011
    Jardine Law Offices
    Jardine Law Offices | Joseph Jardine
    Not only does the first conviction show up, your first arrest will show up on the background check.
    Answer Applies to: Utah
    Replied: 8/13/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    As a general rule yes unless you are able to get the record sealed or expunged.
    Answer Applies to: New York
    Replied: 8/13/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    It will depend on whether your charge is a matter of public record and thus can be obtained by one of the agencies that sell such information. The fact of it being a first offense is of no consequence.
    Answer Applies to: Colorado
    Replied: 8/13/2011
    Eric J Schurman, Attorney at Law
    Eric J Schurman, Attorney at Law | Eric James Schurman
    Most likely it will show up on your record
    Answer Applies to: Washington
    Replied: 8/13/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    Yes. However, after you complete probation and if you did county time rather than prison time you can get an expungement which allows you to lawfully say you've never been convicted of a crime.
    Answer Applies to: California
    Replied: 8/13/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Any time someone is arrested and fingerprinted it shows up on their criminal background record - whether they were convicted or not. Also, any case in Colorado courts can be easily located in a background check. So I would say "Yes" your situation will appear on a background check.
    Answer Applies to: Colorado
    Replied: 8/13/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    Yes, a first offense, or any offense, will show up on a background check. As a fist time offense, it may qualify for sealing or expunging. I suggest you consult a local Criminal Defense attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
    Answer Applies to: Florida
    Replied: 8/12/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    It is unusual to be imprisoned for your very first offense. However, regardless of that issue, it will appear on your Criminal Offender's Record of Information (CORI).
    Answer Applies to: Massachusetts
    Replied: 8/12/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Yes, if a criminal check is made, all criminal offenses will show up on your record.
    Answer Applies to: Michigan
    Replied: 8/12/2011
    Watkins Law Office
    Watkins Law Office | Bob Watkins
    NCIC record checks will have a first and only conviction if that is your record.
    Answer Applies to: New Hampshire
    Replied: 8/12/2011
    The Purnell Law Firm
    The Purnell Law Firm | Simon Purnell
    If you are convicted, the offense will show up on most background checks. You arrest will also show up even if you are not convicted. The key is to have your current charge dismissed or disposed by way of a deferred adjudication so that you can later get a non-disclosure and/or expunction.
    Answer Applies to: Texas
    Replied: 8/12/2011
    The Office of Benjamin Daniel
    The Office of Benjamin Daniel | Benjamin Daniel
    More than likely, since criminal records are public and usually the first thing employers check.
    Answer Applies to: Florida
    Replied: 8/12/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    If they really do the background check, then probably. They don't always check, and the databases sometimes contain errors. And they might only be checking for some kinds of offenses.
    Answer Applies to: Oregon
    Replied: 8/12/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    A criminal conviction will show up on a background check. You may expunge conviction data after a period of time - three years for a misdemeanor, five years for a class C felony and ten years for a class B felony. Class A felonies cannot be expunged.
    Answer Applies to: Washington
    Replied: 8/12/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    It definitely can be seen by any government employers and most private employers unless you have had a motion to expunge your record granted.
    Answer Applies to: California
    Replied: 8/12/2011
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    Depends on the offense and how detailed the background check is.
    Answer Applies to: Minnesota
    Replied: 8/12/2011
    Michael R. Nack, Attorney at Law
    Michael R. Nack, Attorney at Law | Michael R. Nack
    Yes, depending upon the nature of the "background check".
    Answer Applies to: Missouri
    Replied: 8/12/2011
    Lewis & Dickstein, P.L.L.C.
    Lewis & Dickstein, P.L.L.C. | Loren Dickstein
    Yes, any prior criminal offense will show up unless you get it expunged, set aside or dismissed. You can run your criminal history on the Michigan State Police ICHAT system or get a lawyer to help you. If you only have one offense on your record, you should consider hiring a great criminal defense attorney to help you clean your prior record and give you a fresh start.
    Answer Applies to: Michigan
    Replied: 8/12/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    If someone does a background check that asks for misdemeanors and felony convictions, and you were convicted of a misdemeanor or a felony, then it will show up. You should consider filing for an expungement which has benefits when it comes to employment.
    Answer Applies to: California
    Replied: 8/12/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    Most likely it will show up. Just because it is a first offense, will make no difference. Stay well.
    Answer Applies to: Alabama
    Replied: 8/12/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    The fact that this is your first offense has nothing to do with whether or not it appears on your record. All offenses whose maximum penalty is greater than 91 days in jail are abstracted to the Michigan LIEN system. Offenses with maximum penalties less than this may or may not be reported to the LIEN system. When you say "first offender" you could be referring to a program that some Courts have for persons who have a first offense. If so, you would need to contact the attorney who represented you or the Court to wee if it was abstracted to the LIEN system. Some Court programs end up with a reporting, while others do not.
    Answer Applies to: Michigan
    Replied: 8/12/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Yes BUT it is illegal to get your rap sheet UNLESS you sign an authorization letting the boss get it. But usually, if you don't sign you don't get the job.
    Answer Applies to: California
    Replied: 8/12/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    Depending if the report is run, it will probably show up.
    Answer Applies to: Florida
    Replied: 8/12/2011
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    A criminal conviction will show on a backgound check unless the conviction has been vacated by a court order.
    Answer Applies to: Washington
    Replied: 8/12/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    ALL criminal arrests and convictions are part of your permanent record that shows up. The general rule is: Records are forever. However, you can consider getting the conviction expunged; which would help in obtaining and keeping employment. A conviction can be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced, whether served or not, and if it was not for certain listed Sexual and Domestic Violence crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT clear, ‘remove’ or erase the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on applications for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction.
    Answer Applies to: California
    Replied: 8/12/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    It absolutely will. Whether it is the first time or the 10th time or the 100th time, the answer is the same.
    Answer Applies to: California
    Replied: 8/12/2011
    Smith & John
    Smith & John | Kenneth Craig Smith, Jr.
    All criminal offenses are listed.
    Answer Applies to: Louisiana
    Replied: 8/12/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    Yes, The Washington State Patrol will disclose all criminal convictions.
    Answer Applies to: Washington
    Replied: 8/12/2011
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    Yes, generally all offenses would especially if they're open cases... Unless they've been dismissed and sealed or you're a juvenile.
    Answer Applies to: New York
    Replied: 8/12/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    It depends on whether you are convicted of something. If so, yes, it will appear.
    Answer Applies to: Michigan
    Replied: 8/12/2011
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    Speaking generally, it depends on whether the offense was part of some type of diversionary program. In Michigan, there are diversionary programs which would keep an offense off a person's public criminal record. However, if your offense was subject to the terms and conditions of one of those programs, you probably would have been advised that's the case. If you had an attorney for the offense, I'd recommend contacting them. After five years, if you only have one conviction, you may be eligible to expunge the offense as long as it's not excluded by the applicable statute.
    Answer Applies to: Michigan
    Replied: 8/12/2011
    Law Offices of Karen Kilpatrick
    Law Offices of Karen Kilpatrick | Karen Kilpatrick
    Yes, all your arrests in Florida will show up on a background check.
    Answer Applies to: Florida
    Replied: 8/12/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Christopher Lee
    Yes, it will likely show up. Since you served time in jail, it is most likely a misdemeanor conviction; therefore, it will show up in a criminal background check. However, you can seek an expungement under Penal Code 1203.4.
    Answer Applies to: California
    Replied: 8/12/2011
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    There are different types of background checks but ordinarily a first conviction will appear on a standard background check. You can always go to the WACIC website and for a small fee run your name to see what appears for criminal history.
    Answer Applies to: Washington
    Replied: 8/12/2011
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