Will an arrest without conviction show up on a background check? 5 Answers as of February 26, 2013

I was arrested on a domestic violence charge in California, but the District Attorney filed an intent not to prosecute and the case was dismissed. Will the arrest appear on an employer background check?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
It depends on what they check. If it was never filed it will not appear in any court file. On the other hand if you gave them permission to check your automated criminal history it will show that you were arrested and booked and that the charge was not filed.
Answer Applies to: California
Replied: 2/26/2013
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Every citation, arrest, charge filed, and conviction will go on, and stay on, your permanent record. But, you will normally not be required to disclose to employers an arrest without convictions. Many such mistakes are made, and corrected by lack of charges being filed.
Answer Applies to: California
Replied: 2/25/2013
Universal Law Group, Inc. | Francis John Cowhig
Depending on how in-depth the background check is, it could show up as an arrest.
Answer Applies to: California
Replied: 2/25/2013
Rizio & Nelson
Rizio & Nelson | John W. Bussman
Depends on who is looking. Law enforcement databases will still include a record of the arrest, but most employers will not have access to that. In California, it is actually illegal for a prospective employer to discriminate against an applicant based on an arrest that did not result in conviction (in most cases). If you are asked on a job ap whether or not you have ever been convicted of a misdemeanor or felony, you can honestly say "no", since you were not convicted.
Answer Applies to: California
Replied: 2/25/2013
Steven Alpers | Steven Alpers
Employer background checks search court records. You would not have anything to show if a case was not filed.
Answer Applies to: California
Replied: 2/25/2013
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