Will an arrest show up on a background check?

Will an Arrest Show up on a Background Check?

Direct Answer: Yes

When applying for a job, apartment, loan, or any other important application, one of the first questions that come to mind is: "Will my arrest record show up on a background check?" The short answer is: yes. Most states allow private companies or public agencies to access public records, including arrest records, to conduct background checks.

Why Do Background Checks Matter?

Before delving into the question, it’s essential to understand the purpose of background checks. These checks help identify potential red flags that might affect an individual’s future or an organization’s decisions. In the hiring process, employers want to verify the honesty and reliability of job applicants. With the increasing number of applications, companies need efficient and accurate methods to gauge candidate trustworthiness. The same principle applies when securing a loan, leasing a property, or approving student admissions.

Factors that Influence Background Check Outcomes

Not all arrest records will necessarily show up on a background check, depending on various factors. Keep in mind that a "background check" might actually refer to a collection of different screenings, which are used to gather relevant information. The following influences an arrest record’s appearance in a background check:

1. State Laws: Different states have different regulations regarding the disclosure of arrest records. Some states make these records public while others seal or expunge records after a certain period. The Fair Credit Reporting Act (FCRA), which governs credit reporting and background screening, requires background check agencies to follow these state-specific guidelines.
2. Severity and Disposition: Depending on the charges and court dispositions, an arrest might not always show up in a background check. If the case was:

   • Dismissed, acquitted, or plea-bargained
   • The charges were minor and do not appear on criminal record databases (e.g., traffic offenses)
   • The individual was later found not guilty or was mistakenly arrested

3. Record Maintenance: Many government agencies, including courts, law enforcement, and database custodians, periodically update or purge arrest records to ensure their accuracy. This can lead to omissions or errors, influencing the information available on background checks.
4. Background Check Type and Purposes: Different background check types serve distinct purposes and may involve varying databases. For example:

   • Criminal Record Search: Looks for official charges, convictions, or bench warrants.
   • Civil Court Search: May include non-criminal suits, foreclosures, or evictions.

How Do Arrests Impact Background Checks?

As mentioned earlier, arrests might not always appear in background checks, but what can happen when they do:

1. Characterized as an "Arrest" Record: Arrests can still show up even if charges were eventually dismissed or dropped. The nature of the arrest may depend on the severity, alleged crime, and related case details.
2. Inclusive of In Custody Charges: Warrantless arrests, summary probation, or other alternative dispositions can still display an arrest record.
3. Omitting Some Details: Background check companies might only report essential details, like the fact that an individual was arrested and charged with a certain offense, while omitting others, like the arrest location or outcome.

Takeaways and Recommendations

Remember that the information above refers to arrest records’ impact on background checks, and it is essential to note that not all criminal activity will appear on such a report. Here’s what you should keep in mind:

1. Seek Professional Help: Consulting an attorney can help expunge or seal arrest records or mitigate potential consequences related to employment or other application areas.
2. Timing is Critical: Delay in reporting arrests or related circumstances can result in differences between the background check information and actual legal outcomes.
3. Be Precise: Use reputable companies to conduct background checks to avoid inaccurate or outdated results. Clearly articulate the type of information being sought (e.g., criminal or civil).

In conclusion, an arrest may show up on a background check, but there are various factors that can affect its inclusion. To be prepared for potential queries regarding your criminal history or that of someone else, make sure to understand these circumstances and act accordingly to best manage your reputation or navigate the process. Before making assumptions or worrying, consult professionals and the authorities directly to confirm the impact an arrest will have on background checks.