Does an arrest show on a criminal background check if there was no conviction?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does an arrest show on a criminal background check if there was no conviction?
My son was arrested for second degree breach of peace. In exchange for community service hours, the prosecutor agreed to drop the charges. He did not enter a plea, and there was no conviction. He is currently in nursing school and will be required to have a background check done. We were told after a certain period of time (13 months?) it would be as if it never happened.
Asked on February 25, 2012 under Criminal Law, Connecticut
Answers:
Kevin Bessant / Law Office of Kevin Bessant & Associates
Answered 12 years ago | Contributor
In Michigan, if you are arrested and fingerprinted for a crime, and subsequently the case is dismissed or there is never a conviction entered, a person will still have an "arrest" record, which may show up in a employment background check. However, if there was never a conviction or the case was dismissed/dropped, the person is allowed to file a motion to have their fingerprints and arrest card destroyed to remove the arrest record. My advice is to contact a local criminal defense attorney in your State and inquire as to whether or not your son currently has an "arrest" record, and if so, what the proper steps are to remove his arrest record prior to the background check.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.