Will an arrest record show up in background check?

UPDATED: Jan 7, 2012

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

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.

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