Non-Conviction Arrests and Their Impact on Background Checks

When it comes to background checks in the hiring process, non-conviction arrests can sometimes pose challenges. Understanding how these appear and their legal implications is crucial for both job seekers and employers. This article aims to clarify the nuances of non-conviction arrests and their effect on background checks.

Non-Conviction Arrests and Their Appearance on Background Checks

Is it true that non-conviction arrests can still surface during a background check? The answer is yes. Even if an individual has all charges dropped and they did not go to trial, a thorough background check can still reveal this information. This is because arrest records are often included in background checks even if no conviction results. Reasons for this vary, but it is crucial for individuals to be transparent and proactive in addressing their past.

For example, a rocket scientist faced all-charges dropped after an arrest, yet forgot to get an expungement order. As a result, details of the arrest may still appear in the background check. This is why it’s important for attorneys to follow through with getting such orders. While a DIY approach might earn praise among friends, it can also result in rejection from potential employers conducting thorough background checks.

The Importance of Expunging Arrest Records

Despite the ubiquity of arrest records on background checks, there are avenues to remove such records. Expunging records means the arrest is sealed and will no longer appear on future background checks. However, to make this happen, one must petition the court and follow the legal process in their state or jurisdiction.

Consider the example of the individual with two misdemeanor arrests from 1980. Despite not being convicted, they never pursued expungement, assuming it wasn’t necessary. Yet, a thorough background check revealed that another trainee had a similar history, which was later expunged, but she was still kicked out of training for not disclosing it. This example underscores the importance of being transparent and proactive, even if a conviction never resulted.

In some cases, even expunged records can still appear. For instance, an employee with a drug arrest from when he was 17 had both the arrest and the expungement listed. In another scenario, an arrest labeled as WOW (which was never fully explained) was recorded, even when the individual couldn’t remember the charge.

Legalities and Exceptions Around Expungement

While expungement can help remove the appearance of non-conviction arrests, there are exceptions and limitations. Most states permit arrests that did not result in convictions to appear on background checks. Employers can also legally refuse to hire based on such arrests. For instance, an individual can claim they were never arrested if their record has been expunged, as it makes the arrest appear as if it never happened.

However, there are scenarios where even expunged records can affect employment. For example, if applying for certain government jobs or law enforcement positions, an expunged record may still be disclosed during a background check. Thus, it’s essential to disclose any expunged arrests, especially when applying for these sensitive roles.

Here’s the general advice: if applying to a private company like Walmart or AutoZone, and your arrest has been expunged, you can legally claim you were never arrested. For positions in law enforcement or government jobs, you should detail the arrest, the lack of conviction, and that the record has been expunged, which can improve your chances of getting hired.

Conclusion

Non-conviction arrests can indeed impact background checks, but there are ways to mitigate these effects through expungement. Understanding the legalities and exceptions can help individuals and organizations navigate these complexities more effectively. Whether you’re eager to clear a past obstacle or just want to understand the process, this guide provides valuable insights into the intricacies of background checks and non-conviction arrests.