Will an arrest record show up in background check?

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Will an arrest record show up in background check?

This happened 3 years ago when I bit a person to get him to let me go. He is 6’5″ and I and 5’1″. Still, since he had bite marks the police arrested me and not him. I have no prior arrest and would like to move to another state to teach. I have a master’s degree and excellent qualifications and credentials but I am worried that this arrest record will hinder my progress. How do I run a background check on myself? How should I proceed to get the record expunged if it is still of record?

Asked on January 7, 2012 under Criminal Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you were arrested for the offense that you have written about but were never convicted of it or plead guilty to any charge arising from the matter, your arrest will not show up in a background check.

The reason is that in this country, one is presumed innocent of a criminal offense until proven guilty. Many times people are arrested for an alleged offense but are never convicted of it. Just because someone has been arrested for an offense but not convicted of it does not mean they should be penalized by having the arrest pop up in a background check.


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