Do Arrests Show Up On Background Checks? | ATX Legal
Will an Arrest Show Up on Background Check?
Unfortunately, the short answer is yes. Arrests will show up on most background checks almost immediately. Even though there is no conviction, the criminal charge will show as pending until there is a disposition in the case. The disposition could be a conviction, acquittal, dismissal, or something else like deferred adjudication. But even before a disposition, the arrest record will still show.
If you or a loved one has been arrested and require legal counsel, it is crucial to consult a skilled criminal defense lawyer for guidance. Contact us by phone/text, or with a contact form submission.
Understanding Criminal Background Checks
Since court create public access records, anyone can view them. Background check agencies are private companies that collect this data and make it available to anyone for a fee. Under the Fair Credit Reporting Act, these agencies are regulated on what information they can report, such as certain arrests that did not lead to convictions cannot be reported after a specific period unless certain salary thresholds are met. One such site is located at www.publicdata.com. Most of these companies access a national database that includes felonies and misdemeanors class B and above. It does NOT include class C misdemeanors and traffic violations.
What is a Criminal Background Check?
A criminal background check is a process of reviewing an individual’s criminal record, including arrests, convictions, and pending criminal charges.
It is a public record commonly used by employers, landlords, and government agencies to assess an individual’s trustworthiness and potential risk.
The Difference Between Arrest and Conviction
Arrest vs. Conviction: What’s the Difference?
An arrest is when an individual is taken into custody by law enforcement, but it does not necessarily mean they are guilty of a crime. A law enforcement officer can issue a citation for class C misdemeanors without arresting the individual, which can still appear on their criminal record. Even if there are no criminal convictions on your record, background checks will still show the pending charges.
A criminal conviction, on the other hand, is a guilty verdict in a criminal case, which can result in fines, imprisonment, or other penalties.
What Shows Up on a Background Check?
Criminal Record Information
A criminal background check can reveal a range of information, including arrests, convictions, pending criminal charges, jail time, and criminal records.
This information is typically obtained from public records, such as court documents and law enforcement databases.
How Long Do Arrests Stay on a Background Check?
Timeline of Arrest Records
The length of time an arrest remains on a background check depends on whether it is expunged or sealed. Once expunged, a person can legally deny that the arrest ever occurred. If you plead guilty and receive a misdemeanor or felony conviction, the arrest records will usually remain on a person’s record forever. The rare exception is for pardoned convictions.
In Texas, arrests will remain indefinitely, unless you take action to remove them.
The Impact of Criminal Records
How a Criminal Record Can Affect Your Life
A criminal record can have significant consequences, including difficulty finding employment, securing housing, or obtaining credit. In Texas, a potential employer has the right to use the information in the hiring process.
It can also impact personal relationships and overall well-being.
Clearing Your Criminal History
Expunging and Record Sealing
In some cases, it may be possible to expunge or seal criminal records, which can help to remove them from public view.
This process typically requires the assistance of an experienced criminal defense attorney and involves filing a petition with the court.
Importance of Knowing Your Criminal Background
Why You Should Check Your Criminal Background
It is essential to know what information is contained in your criminal background check, as it is public record and can impact your life in significant ways. You can obtain your record by visiting identogo.com
Conducting a background check on yourself can help you identify any errors or inaccuracies and take steps to correct them.
Understanding Criminal Background Checks
What is a Criminal Background Check?
A criminal background check is a critical tool for employers, landlords, and government agencies to assess an individual’s trustworthiness and potential risk.
It is also an important step for individuals to take control of their criminal history and ensure that their records are accurate and up-to-date.
Criminal Record Information
A criminal background check can reveal a range of information, including arrests, convictions, dismissed offenses, and pending criminal charges, and criminal records.
This information is typically obtained from public records, such as court documents and law enforcement databases.
A Criminal Defense Attorney can Help
An experienced attorney can guide you through the legal process of the arrest, charge, and disposition. If you would like a free consultation on felony or misdemeanor offenses, you can call or text ATX Legal.