Will a Background Check Show an Arrest?
A background check is a common process used by employers, landlords, and other organizations to verify an individual’s identity, criminal history, and other relevant information. One of the most critical pieces of information that a background check may reveal is an arrest record. But will a background check show an arrest? The answer is not always a simple yes or no.
What is a Background Check?
A background check is a process of verifying an individual’s identity, employment history, education, and criminal history. The process typically involves checking public records, databases, and other sources to gather information about an individual’s past. Background checks can be performed for various purposes, including:
- Employment screening: to verify an individual’s identity, employment history, and criminal record before hiring
- Tenant screening: to verify an individual’s rental history, creditworthiness, and criminal record before renting a property
- Licensing and certification: to verify an individual’s identity, education, and criminal record before issuing a license or certification
Will a Background Check Show an Arrest?
The answer to this question depends on several factors, including:
- Type of arrest: A background check may show an arrest that has not resulted in a conviction, but it may not show an arrest that has been expunged or sealed.
- Criminal justice system: Different states and jurisdictions have different rules and procedures for handling arrests and convictions. Some states may seal or expunge arrest records, while others may keep them on file.
- Type of background check: The type of background check performed may also affect what information is revealed. For example, a basic background check may only show convictions, while a more comprehensive check may show arrests and charges.
Types of Arrest Records
There are several types of arrest records that a background check may reveal:
- Convictions: A conviction is a formal finding of guilt by a court of law. A background check will typically show convictions, including misdemeanors and felonies.
- Arrests without conviction: An arrest without conviction occurs when an individual is arrested and charged with a crime, but the charges are later dropped or the individual is acquitted. A background check may still show these arrests, depending on the jurisdiction.
- Sealed or expunged arrests: In some states, arrest records can be sealed or expunged, meaning they are removed from public records. A background check may not show these arrests.
Factors That May Affect What a Background Check Shows
Several factors can affect what a background check shows, including:
- Jurisdiction: Different states and jurisdictions have different rules and procedures for handling arrests and convictions.
- Type of crime: The type of crime an individual was arrested for may affect what a background check shows. For example, a background check may show a misdemeanor arrest for a minor offense, but not a felony arrest.
- Age of the arrest: The age of the arrest may also affect what a background check shows. In some states, arrest records are automatically sealed or expunged after a certain period of time.
- Sealing or expungement: An individual may be able to seal or expunge their arrest record, which would prevent it from being shown on a background check.
Table: Factors That May Affect What a Background Check Shows
Factor | Effect on Background Check |
---|---|
Jurisdiction | Different states and jurisdictions have different rules and procedures for handling arrests and convictions |
Type of crime | The type of crime an individual was arrested for may affect what a background check shows |
Age of the arrest | The age of the arrest may affect what a background check shows |
Sealing or expungement | An individual may be able to seal or expunge their arrest record, which would prevent it from being shown on a background check |
What to Do If an Arrest is Shown on a Background Check
If an arrest is shown on a background check, there are several steps an individual can take:
- Understand the jurisdiction: Understand the jurisdiction in which the arrest occurred and the laws and procedures that apply.
- Gather information: Gather information about the arrest, including the date, location, and charges.
- Seek legal advice: Seek legal advice from an attorney who is familiar with the jurisdiction and the laws that apply.
- Dispute the information: If the arrest is shown on a background check in error, an individual can dispute the information and request that it be corrected.
Conclusion
A background check may show an arrest, but the answer depends on several factors, including the type of arrest, the jurisdiction, and the type of background check performed. It is essential to understand the laws and procedures that apply in the jurisdiction in which the arrest occurred and to seek legal advice if an arrest is shown on a background check.