Do Arrests Show on Background Checks?
When you apply for a job, rent a house, or even volunteer, the company or landlord might run a background check to see your history. One common question people ask is: Do arrests show on background checks? The answer depends on many factors, including the type of background check, state laws, and how much time has passed since the arrest.
In this blog, we’ll explain how background checks work, when arrests may appear, and what you can do if you have an arrest record.
What Is a Background Check?
A background check is a process where a person’s history is reviewed to verify their criminal, financial, or personal records. Employers, landlords, and even some schools conduct background checks to ensure safety and trustworthiness.
Background checks can include:
- Criminal history (arrests, convictions, warrants)
- Employment history (previous jobs, experience)
- Credit report (financial history, debts)
- Education verification (degrees, certifications)
Do Arrests Show Up on a Background Check?
Yes, arrests can show up on a background check, but it depends on the type of check and the laws in your state.
1. Standard Criminal Background Check
Most basic background checks will show arrests, charges, and convictions. However, just because an arrest appears doesn’t mean it will impact your job or housing application.
2. FBI Background Check
An FBI background check is more detailed and includes all arrests, even if they did not lead to a conviction.
3. State and County Background Checks
State and county checks may show arrests based on where the incident happened. Some states automatically remove old arrests from public records after a certain time.
4. Employment Background Checks
Employers often check criminal records before hiring someone. Some jobs, especially in schools, healthcare, or government, have stricter rules regarding arrests and convictions.
The Difference Between an Arrest and a Conviction
It is important to know the difference between an arrest and a conviction:
- An arrest means you were taken into custody, but it does not mean you were guilty of a crime.
- A conviction means you were found guilty in court and sentenced.
Many employers focus more on convictions rather than arrests when reviewing background checks.
How Long Do Arrests Stay on a Background Check?
The length of time an arrest stays on your background check depends on the laws in your state. Here are some general rules:
1. Forever in Some States
In some states, arrests remain on record indefinitely unless they are expunged (removed) or sealed.
2. Seven-Year Rule
Many states follow the seven-year rule, where non-conviction arrests disappear from background checks after seven years.
3. Juvenile Records
If you were arrested as a minor (under 18), your record is usually sealed when you become an adult.
Can You Remove an Arrest from Your Background Check?
Yes, in some cases, you can remove an arrest record. This process is called expungement or record sealing.
1. Expungement
Expungement means the arrest record is completely erased, as if it never happened. You must file a request with the court, and a judge will decide if it can be removed.
2. Sealing a Record
Sealing a record means the arrest is hidden from most background checks, but some government agencies can still see it.
3. Waiting Period
Some states automatically remove arrests after a certain number of years if there was no conviction.
Do Employers Care About Arrests?
Most employers do not reject applicants based on arrests alone. They are more concerned about convictions and the nature of the crime.
1. Type of Job
Some jobs, like working with children or in law enforcement, have strict rules about criminal history.
2. Company Policy
Each company has different policies on hiring people with arrest records. Some are willing to overlook arrests, while others may be strict.
3. State Laws
Some states ban employers from asking about arrests that did not lead to a conviction.
What Can You Do If an Arrest Appears on Your Background Check?
If an old or unfair arrest shows up on your background check, you have options:
1. Check Your Own Background Report
Before applying for a job or rental, you can order a background check on yourself to see what appears.
2. Explain the Situation
If an employer asks about an arrest, you can provide context and explain that you were never convicted.
3. Request Expungement
If eligible, apply for expungement or record sealing to remove the arrest from your record.
4. Know Your Rights
Some states protect applicants from discrimination based on arrests. If you think an employer is being unfair, you may have legal rights.
Conclusion
Arrests can show up on background checks, but whether they affect your job or housing depends on many factors. Most employers care more about convictions rather than arrests. If an arrest appears on your record, you may be able to expunge or seal it.
If you are worried about an arrest record, check your background report, know your rights, and explore ways to clean up your record.
Frequently Asked Questions
Do arrests always show up on background checks?
Not always. It depends on the type of background check and state laws. Some checks show all arrests, while others only show convictions. If an arrest didn’t lead to a conviction, it may disappear after a certain time or be removed through expungement.
How long do arrests stay on background checks?
It depends on the state. Some states follow a seven-year rule, while others keep records forever unless expunged. If the arrest happened when you were a minor, it may be sealed automatically when you turn 18.
Can I remove an arrest from my background check?
Yes, in many cases, you can expunge or seal an arrest record. Expungement erases it completely, while sealing hides it from most background checks. The process varies by state and usually requires filing a request with the court.
Do employers care about arrests or convictions?
Most employers focus more on convictions than arrests. If you were arrested but not convicted, it may not affect your job application. Some states also have laws that prevent employers from considering non-conviction arrests.
What should I do if an arrest appears on my check?
First, get a copy of your background check to confirm what appears. If it’s incorrect, you can dispute it. If eligible, you can apply for expungement. If an employer asks, explain the situation honestly and provide any supporting documents showing you were not convicted.
