If I was arrested, would my employer immediately able to see my record?

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If I was arrested, would my employer immediately able to see my record?

I’m trying to avoid being fired. Does an arrest record show immediately?

Asked on February 6, 2017 under Criminal Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

A record of an arrest it typically available within a few weeks. However, such a record would not be sent out to an employer (unless possible for certain government/military jobs). However, it would show up on an employment background check, which presumably has already been done since you are currently employed. That having been said, some company's run such checks even after a worker is employed. So, it is possible that this will come up in the future. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

An arrest record is typically available within a few weeks (generally not instantaneously: this is the government, after all, and nothing gets done immediately) IF someone looks for it. It's not automatically sent out or notified to anyone; the employer would have to do a criminal background check.


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