Will an arrest show up on a background check? 47 Answers as of June 25, 2013

I was arrested, but not convicted of domestic abuse (charges dropped) will this show up on a background check?

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
Unless the records are sealed, yes it will.
Answer Applies to: New York
Replied: 10/28/2011
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
Yes, the charging information and disposition might show up. The important thing, obviously, is that it would not show a conviction. You can ask that your finger-prints be deleted though, which could help the process. Please consult privately with an attorney if you wished to pursue that step.
Answer Applies to: Michigan
Replied: 10/6/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Yes, it will show up as arrested for the charge. He has to file for a non-disclousre order to get that information sealed.
Answer Applies to: Texas
Replied: 9/26/2011
Andersen Law PLLC
Andersen Law PLLC | Craig Andersen
It may show up as a charge that was dismissed.
Answer Applies to: Washington
Replied: 6/21/2013
Reza Athari & Associates, PLLC | Riana Durrett
There are different types of background checks and how thorough they are varies. For example, a "SCOPE" often shows arrests.
Answer Applies to: Nevada
Replied: 9/21/2011
    Anderson Walsh PLLC
    Anderson Walsh PLLC | STACI LYNN ANDERSON
    We live in the information age. So, unfortunately, an arrest will usually show up on any background check. Information about arrests are stored locally, state wide, and nation wide. Which makes the likelihood of your arrest showing up on a background check probable.
    Answer Applies to: Idaho
    Replied: 9/20/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Normally it will not appear but that is not for sure. Government agencies can find out.
    Answer Applies to: Michigan
    Replied: 9/21/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Yes, arrests usually appear on the record even if there is no prosecution or the case is dismissed.
    Answer Applies to: Kansas
    Replied: 9/21/2011
    Law Office of Michael R. Garber
    Law Office of Michael R. Garber | Michael R. Garber
    Depends on how thorough the background check is.
    Answer Applies to: Louisiana
    Replied: 6/21/2013
    Allan & Summary
    Allan & Summary | Justin Summary
    It depends on whether the person searching is looking for convictions or arrests. If you qualify for an expungement you could get those arrest records removed.
    Answer Applies to: Missouri
    Replied: 9/21/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    If your fingerprints were taken yes.
    Answer Applies to: Michigan
    Replied: 6/23/2013
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    If you were booked it will show up on your automated state criminal history as an arrest only.
    Answer Applies to: California
    Replied: 9/21/2011
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    If it is an in depth check it will. The charge will show up.
    Answer Applies to: Minnesota
    Replied: 6/25/2013
    Shane Law Office
    Shane Law Office | Robert J. Shane
    Since you were charged with criminal offense, there will be a courthouse file open to public view even though the charge was dismissed. You need to file for an expungement in order to seal the file at the courthouse.
    Answer Applies to: Minnesota
    Replied: 9/20/2011
    Law Office of Maureen Furlong Baldwin
    Law Office of Maureen Furlong Baldwin | Maureen Furlong Baldwin
    If the case was filed in the courthouse and dropped in court, the case number will appear on a background check. If the case was dropped before it was ever assigned a case number, before you saw a judge, then it will not show up unless you are applying for some sort of security clearance where the agency has access to the police record.
    Answer Applies to: California
    Replied: 9/20/2011
    Keyser Law Firm
    Keyser Law Firm | Christopher W. Keyser
    Arrests are always part of your record unless expunged (sealed) from public view. In cases of arrest but no criminal conviction, you can request the return of any identifying data such as photographs and fingerprints. While this is not necessarily a difficult procedure, there are administrative hurdles to jump through. You may want to contact an attorney to assist you with this and ensure it is done properly.
    Answer Applies to: Minnesota
    Replied: 9/20/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Background checks can turn up an arrest that did not result in charges being filed. Not all private companies have the resources to do that deep of a check. If its the government doing the check it will turn up.
    Answer Applies to: California
    Replied: 9/20/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If you were printed and photographed by the sheriff or police, there is an arrest record which will show up. If the case was dropped, you must file an expungement motion to get it off the record, see the Clerk of Court where the case was heard for information and forms necessary to file the motion.
    Answer Applies to: Illinois
    Replied: 9/20/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    No. It should not.
    Answer Applies to: New York
    Replied: 6/23/2013
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    Quite possibly. To ensure that it does not cause you problems you should seek to have the records expunged.
    Answer Applies to: Minnesota
    Replied: 9/20/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Most likely - but you can explain it to a new employer.
    Answer Applies to: California
    Replied: 6/25/2013
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    Once you are arraigned it is on your CORI.
    Answer Applies to: Massachusetts
    Replied: 9/20/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    That depends on who is doing the record check. In New York the police have a NYSID computer system that keeps track of every arrest and the eventual disposition of the case. In your case it will show an arrest for assault or whatever the crime was and it will report that the case was dismissed by either an ACD or a direct dismissal by the prosecutor. The actual file and supporting documents should be sealed and not available, but the arrest may show up depending on who has access to the various sources of arrest data.
    Answer Applies to: New York
    Replied: 9/20/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Was the record sealed? It should not show up but with computers today you never know.
    Answer Applies to: New York
    Replied: 9/20/2011
    Law Offices of Jeffery A. Cojocar, PC
    Law Offices of Jeffery A. Cojocar, PC | Jeffery A. Cojocar
    Probably yes, depending on the degree of background check done.
    Answer Applies to: Michigan
    Replied: 9/20/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Any arrest can show up on a background check. You may have a record of an arrest but no record of a conviction.
    Answer Applies to: Alabama
    Replied: 9/20/2011
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    Yes. Arrests will always remain on your record. However, you can file a motion of factual innocence but those are very hard to win.
    Answer Applies to: California
    Replied: 9/20/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Yes, an arrest will appear on your criminal history. The California Labor code says that an employer shall not consider an arrest that does not lead to a conviction in hiring or promotion assessment. You are not required to disclose (except in certain professional licensing or working in certain fields) an arrest that does not lead to a conviction. It will stay on your record indefinitely unless you take steps to try and remove it. The only way to get an arrest removed from your record is with a petition to seal and destroy your arrest records based on a finding of factual innocence. Those are definitely not do-it-yourself projects. You'll need the assistance of an attorney.
    Answer Applies to: California
    Replied: 9/20/2011
    The Law Offices of Jaime Cowan
    The Law Offices of Jaime Cowan | Jaime Cowan
    Yes. If you did not have the arrest record sealed it will show on your background check.
    Answer Applies to: Colorado
    Replied: 9/20/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    Records of arrest will show up but can be expunged 2 years after charges are dismissed or 3 years after the arrest if no charges were filed.
    Answer Applies to: Washington
    Replied: 9/20/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    It depends. Did you ever pay to get it expunged or sealed? If so, then should probably not show up. If you didn't then you need to contact me asap and start the process because yes, it will show on background checks. If your charge was dismissed then I can get it expunged. However, if you charge was just dismissed after deferred adjudication probation then unfortunately, because there is a finding of family violence, you can't get it sealed. I can see what you got and sort it out.
    Answer Applies to: Texas
    Replied: 9/20/2011
    Burdon and Merlitti
    Burdon and Merlitti | Adam Van Ho
    It depends on several factors. First, did the police actually file charges with a court? If not, then there should not be a public record to show the case was filed; however, there would be a file with the Ohio Bureau of Criminal Identification and Investigation (BCI), which in turn reports the arrest to Federal Bureau of Investigation (FBI) national database. As a general rule, the only people who could view the arrest would be members of law enforcement or, if you were to apply for certain jobs with high-level governmental security clearances, potential governmental employers. If the charges were filed with a court and then dismissed, there would still be a record unless the trial court ordered that the record be sealed. Usually, while trial courts dismiss cases, they do not order that the records associated with the case be sealed (and thus unavailable from the public's view). It is relatively easy to request that a court seal the records associated with the case, and usually can be done by simply filing a motion/request with the court. Unless there were some extraordinary reasons for the court to reject the request, because there was not a conviction, most courts will grant the request to seal the records and thus remove the case from the public's view. However, the major exception to this would be if you plead guilty to a lesser-included offense, such as Disorderly Conduct. Then the record would continue to exist until you filed to have the record expunged/sealed. The easiest way to see if the record will still appear on a background check will be to check with the Clerk of Courts for the city in which you were arrested and charged. If you can still view the case online, then there is an excellent chance that the case will pop up on a background check. If it pops up, then you may wish to consult with an attorney to see about getting the case sealed and removed from public view.
    Answer Applies to: Ohio
    Replied: 9/20/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    If you were charged with a criminal offense, it may show up on a background check. An arrest where no charges resulted would be unlikely to appear on Administrative or Judicial records where background checks are performed.
    Answer Applies to: Minnesota
    Replied: 9/20/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Yes, the arrest may show up. The only way to avoid that is to have the arrest removed from your record.
    Answer Applies to: Nebraska
    Replied: 9/20/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Not if it was dismissed. Keep in mind that the prosecutors and Feds will always be able to see your complete arrest history, regardless of outcome. Employers and schools won't.
    Answer Applies to: California
    Replied: 9/20/2011
    Law Offices of Sean Logue
    Law Offices of Sean Logue | Sean Logue
    It depends on who does the background check. If it the government, then yes. If it is a private entity, maybe not.
    Answer Applies to: Pennsylvania
    Replied: 9/20/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    Even if the charges were dismissed, the arrest and case will show up unless you file and win a lawsuit in civil district court called an expunction to remove the case from your record.
    Answer Applies to: Texas
    Replied: 9/20/2011
    Law Office of Robert L Keates, PLLC
    Law Office of Robert L Keates, PLLC | Robert Keates
    Yes, you need an expunction to clear the record of the arrest information.
    Answer Applies to: Texas
    Replied: 9/20/2011
    Sigle Law LLC
    Sigle Law LLC | Devra Sigle Hermosilla
    This question revolves around whether you were formally "charged" with the crime - not whether you were arrested. If you were charged with a crime but not convicted, then the charge will show on most background checks along with the outcome of the case. If you were only arrested but no formal charges followed, then it should not show up. And note that it is generally unlawful for employers to ask about mere arrests that do not result in charges or convictions.
    Answer Applies to: Washington
    Replied: 9/20/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Probably depends on when the arrest occurred, where it occurred, who is doing the background check and where the checker is located.
    Answer Applies to: California
    Replied: 9/20/2011
    Connell-Savela
    Connell-Savela | Jason Savela
    Yes but it could be sealed from public view (cops and courts can still see it) if you request it and file the appropriate paperwork you can find this information at http://www.courts.state.co.us/ but I recommend you get an attorney to help - there is a process and if you do not follow it correctly, your record will still show the arrest.
    Answer Applies to: Colorado
    Replied: 9/20/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    Yes, the arrest will show up along with the disposition showing the dismissal. You might qualify for expungement, which would entirely remove the arrest from your record.
    Answer Applies to: Georgia
    Replied: 9/20/2011
    Correia-Champa & Mailhot
    Correia-Champa & Mailhot | Susan Correia Champa
    Yes, an arrest will show up on a record check.
    Answer Applies to: Massachusetts
    Replied: 9/20/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    It depends on how good of a background check that someone does. It's possible, especially if the background check includes newspaper reports and detailed court records. Technically they aren't even supposed to use them, but people do. More than likely an arrest will not show up but it's possible.
    Answer Applies to: Michigan
    Replied: 9/20/2011
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