If an employer does a criminal background check now, will it show up? 16 Answers as of June 06, 2013

I have been accused of identity fraud but not yet found guilty. I still have not gone to court.

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Michael Breczinski
Michael Breczinski | Michael Breczinski
It is not a conviction. It should not be on a criminal check.
Answer Applies to: Michigan
Replied: 6/6/2013
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
It will eventually, which is why you better hire a lawyer to defend you so you don't get convicted.
Answer Applies to: California
Replied: 6/6/2013
Universal Law Group, Inc. | Francis John Cowhig
If you were arrested, fingerprinted and booked, the arrest may show up on the background check, but until you are convicted, you do not have a criminal record and it will not show up.
Answer Applies to: California
Replied: 6/6/2013
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
No, you have no record unless you have been convicted.
Answer Applies to: California
Replied: 6/6/2013
Charles M. Schiff, Attorney at Law
Charles M. Schiff, Attorney at Law | Charles M. Schiff
It will not show up as a conviction. It could show up as a pending file depending upon the depth of the background check. You are innocent until proven guilty. The charge is therefore not considered a conviction.
Answer Applies to: Minnesota
Replied: 6/6/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If you were arrested, there will be a record of that arrest in your criminal history database. You will probably have to inform the prospective employer that the case is pending.
    Answer Applies to: Illinois
    Replied: 6/6/2013
    Chaudhary Law Office, PLLC
    Chaudhary Law Office, PLLC | Satveer S. Chaudhary
    It depends on the search service that the employer uses, and what criteria they search for. It's not impossible that the charge will appear, but unlikely. Most employers are looking for convictions only.
    Answer Applies to: Minnesota
    Replied: 6/6/2013
    The Law Offices of Seth D. Schraier
    The Law Offices of Seth D. Schraier | Seth D. Schraier
    Unless the employer is a criminal justice agency, most private employers will only see criminal convictions when a criminal background check is performed. Since you have only been accused of a crime, and not found guilty, then they should not use your arrest against you.
    Answer Applies to: New York
    Replied: 6/6/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    It will show up as an arrest.
    Answer Applies to: Georgia
    Replied: 6/6/2013
    William A. Siebert
    William A. Siebert | William A. Siebert
    It will appear after you have been convicted, if you are.
    Answer Applies to: Michigan
    Replied: 6/6/2013
    Gates' Law, PLLC | Thomas E. Gates
    The charge will likely show in a background check.
    Answer Applies to: Washington
    Replied: 6/6/2013
    Kenyon Law Firm
    Kenyon Law Firm | Todd Kenyon
    Thank you for your question. In Minnesota, all filed criminal charges related to adult prosecution can be found by looking up at name through the MNCIS computer system. If an employer wishes to conduct a background check he or she can go to any courthouse and type in your name to see if a case is pending. It does not matter that you have not been found guilty.
    Answer Applies to: Minnesota
    Replied: 6/6/2013
    Tim Paynter, Attorney at Law
    Tim Paynter, Attorney at Law | Tim Paynter
    Your arrest for identity fraud will show up forever, even if they find you not guilty or the charges are dismissed. In that sense, you have a lifetime record. You may want to advise your employer of the charge, and explain the difference between being charged with a crime at which we are presumed innocent unless proven guilty, and actually being convicted. Get a good attorney.
    Answer Applies to: Colorado
    Replied: 6/6/2013
    LeadfootSpeedingTicket.com
    LeadfootSpeedingTicket.com | Andrea Storey Rogers
    Only arrests and convictions appear on criminal background checks.
    Answer Applies to: Missouri
    Replied: 6/6/2013
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Likely will show up after the arrest.
    Answer Applies to: Nebraska
    Replied: 6/6/2013
    William L. Welch, III Attorney | William L. Welch, III
    The charge might. An experienced criminal defense attorney can help you evaluate the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to go to trial.
    Answer Applies to: Maryland
    Replied: 6/6/2013
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