Does an Arrest Appear on a Background Check?
When applying for a job, loan, or other opportunity, it’s common to undergo a background check. These checks can reveal a wealth of information about an individual’s past, including their criminal history. But what happens if you’ve been arrested, but not convicted? Will that arrest appear on your background check?
Direct Answer:
No, an arrest does not automatically appear on a background check. However, it’s not a simple "yes" or "no" answer. The outcome depends on various factors, including the type of background check, the jurisdiction, and the specific circumstances of the arrest.
Types of Background Checks:
There are several types of background checks, each with its own set of criteria and limitations. The most common types are:
- Consumer Report: This type of check is typically used for employment, rental, or loan purposes. It may include information such as:
- Criminal records (convictions and arrests)
- Public records (e.g., bankruptcies, foreclosures)
- Credit reports
- Criminal Background Check: This type of check is usually used for employment, licensing, or certification purposes. It may include information such as:
- Convictions and arrests
- Pending charges
- Criminal records (felonies and misdemeanors)
Arrests and Background Checks:
When it comes to arrests, the outcome on a background check depends on the jurisdiction and the type of check. Here are some key points to consider:
- Misdemeanor Arrests: In most cases, misdemeanor arrests do not appear on a background check unless the individual was convicted or pleaded guilty.
- Felony Arrests: Felony arrests may appear on a background check, even if the individual was not convicted. This is because felony arrests are typically reported to the FBI’s National Crime Information Center (NCIC) database.
- Pending Charges: If an individual has pending charges, it may appear on a background check, depending on the jurisdiction and the type of check.
- Sealed or Expunged Records: If an individual’s record has been sealed or expunged, it may not appear on a background check.
State-Specific Laws:
Each state has its own laws regarding what information is disclosed on a background check. Some states may:
- Seal or Expunge Arrest Records: Some states, like California, allow individuals to seal or expunge their arrest records after a certain period.
- Limit Disclosure of Arrest Records: Some states, like New York, limit the disclosure of arrest records to only include convictions and pending charges.
- Not Disclose Arrest Records: Some states, like Florida, do not disclose arrest records unless the individual was convicted or pleaded guilty.
Key Takeaways:
- An arrest does not automatically appear on a background check.
- The outcome depends on the type of background check, jurisdiction, and specific circumstances of the arrest.
- Misdemeanor arrests typically do not appear on a background check unless the individual was convicted or pleaded guilty.
- Felony arrests may appear on a background check, even if the individual was not convicted.
- Pending charges may appear on a background check, depending on the jurisdiction and type of check.
- Sealed or expunged records may not appear on a background check.
Table: State-Specific Laws on Arrest Records
| State | Sealed or Expunged Records | Limit Disclosure of Arrest Records | Does Not Disclose Arrest Records |
|---|---|---|---|
| California | |||
| New York | |||
| Florida |
Conclusion:
In conclusion, an arrest does not automatically appear on a background check. The outcome depends on various factors, including the type of background check, jurisdiction, and specific circumstances of the arrest. It’s essential to understand the laws and regulations in your state and the type of background check you’re undergoing. By doing so, you can better prepare yourself for the outcome and make informed decisions about your future.
