Do arrests show on background checks? - Criminal Law Questions and Answers-

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Do arrests show on background checks?

I was arrested but not convicted.

Cornish, Crowley, Rockafellow, & Sartz, PLLC
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The results of background checks depend on the type of search and who is conducting the search. If there is a court-file, some background checks will show the disposition of a case. In Michigan, state police background checks or "LIEN" searches will show everything, regardless of how the case was disposed of. However, only a small, limited number of agencies and offices can conduct a "LIEN" search. If someone wishes to remove all traces of their arrest, they may be able to request that finger prints get destroyed by the State Police. However, criminal cases are generally public matters and there is a least some trace of the file kept at the court for a lengthy period of time. In certain situations, such as diversionary programs for HYTA participants, the file may be sealed, making it almost impossible for the general public to know the charge exists. Of course, anyone charged with a criminal offense is presumed innocent until proven guilty beyond a reasonable doubt. Hopefully, whomever conducts the search will treat the dismissal as a dismissal and won't use the fact that a person was simply charged against them.

Answer Applies to: Michigan
Replied: 11/30/2011

Answer By Kenneth Wincorn
Law Offices of Kenneth Wincorn P.C.
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This will show up and you are probably a candidate for an expunction to get rid of the record.

Answer Applies to: Texas
Replied: 11/28/2011

Law Office of Richard Southard
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It depends on who is doing the background check and what the ultimate outcome of the case was. Certain groups like law enforcement, government agencies and licensing agencies have a greater ability to see arrest records.

Answer Applies to: New York
Replied: 11/26/2011

Law Office of Peter F. Goldscheider
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If you were booked at the time of arrest that will show on your automated criminal history. Since "background checks" can mean many things it is otherwise difficult to answer your question. If you were charged in court it will show up in the records of that court. If you were arrested and not charged it will not.

Answer Applies to: California
Replied: 11/24/2011

Answer By Robert Scott

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Arrests may show up on a background check. However, if you were not convicted of the charge, it should not be held against you.

Answer Applies to: Maryland
Replied: 11/23/2011

Healan Law Offices
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Yes, the arrest and case disposition will show on a background check unless you qualify for expungement and have had the record expunged.

Answer Applies to: Georgia
Replied: 11/22/2011

Charles M. Schiff, Attorney at Law
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It would depend upon how the record check is conducted. If the preparer checks Sheriff's Department booking records, they may find it. If a court file was opened, there will be a record of that filing even without a conviction. Under this circumstance, you may however be able to expunge (seal) the file.

Answer Applies to: Minnesota
Replied: 11/21/2011

Law Office of Phillip Weiser
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An arrest will show up as an arrest.

Answer Applies to: Kansas
Replied: 11/21/2011

Answer By Craig Elhart
Craig W. Elhart, P.C.
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Yes, if the charges were dismissed, you should request that your arrest record and fingerprints be destroyed. This can be done through a motion with the court where the charges were pending.

Answer Applies to: Michigan
Replied: 11/21/2011

Answer By Mark Thiessen
Mark Thiessen, Attorney at Law
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Yes it will usually show the final disposition. If you completed deferred adjudication successfully or got it dismissed, then you really need to spend the money and get your record sealed. You hit a homerun, now it's time to run the bases.

Answer Applies to: Texas
Replied: 11/20/2011

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