How to Understand Background Checks and Arrest Records

Introduction and General Overview

When it comes to background checks, many individuals and employers wonder, “Do arrests show up on background checks?” Understanding the answer to this question is crucial for employers making hiring decisions, landlords screening potential tenants, and individuals wanting to ensure their records are accurate. Arrest records can play a significant role in determining opportunities, which makes it vital to know how they appear on background checks and under what circumstances they might surface.


What Are Background Checks, and Why Are They Important?

What Are Background Checks, and Why Are They Important?

A background check is a detailed review of an individual’s history, often performed to verify their suitability for employment, housing, or other opportunities. These checks are typically conducted by employers, landlords, financial institutions, or government agencies.

The purpose of a background check is to provide insights into:

  • Criminal History: Ensuring public safety and workplace security.
  • Employment History: Verifying past roles and qualifications.
  • Credit Reports: Gauging financial responsibility.
  • Education Verification: Confirming degrees and certifications.

For employers, background checks help mitigate risks such as fraud, violence, or negligence claims. Landlords use them to avoid renting to individuals with prior evictions or criminal activity, and individuals can use background checks to confirm their records’ accuracy.


Do Arrests Show Up on Background Checks?

Whether arrests appear on a background check depends on several factors, including the type of background check, the jurisdiction, and the outcome of the arrest. Below are the key points to consider:

1. Type of Background Check Conducted

The type of background check determines whether arrest records will be included:

  • Criminal Background Checks: These checks often reveal arrests, even if they did not result in a conviction.
  • Employment Background Checks: Employers may see arrests depending on the laws in their state and the type of role being filled.
  • Tenant Background Checks: These may include criminal records but typically focus on convictions rather than arrests.
  • Federal or Security Clearance Checks: These comprehensive checks often include arrest records, regardless of the outcome.
2. Arrests vs. Convictions

A significant distinction exists between an arrest and a conviction:

  • Arrests: Indicate someone was taken into custody but does not confirm guilt.
  • Convictions: Indicate that the person was found guilty of a crime in a court of law.

In most states, arrests without convictions may still appear on a background check unless specific legal protections are in place.

3. Jurisdiction-Specific Differences

Laws about reporting arrest records vary widely:

  • Ban-the-Box Laws: Some jurisdictions have laws preventing employers from considering arrests that did not lead to convictions.
  • State-Specific Limitations: States like California, New York, and Illinois limit reporting of certain arrests on employment background checks.
  • Sealed or Expunged Records: Arrests that have been sealed or expunged typically will not appear on most background checks.

For example, under the Fair Credit Reporting Act (FCRA), consumer reporting agencies cannot disclose arrests that are older than seven years, unless they resulted in a conviction or the salary of the role exceeds a certain threshold.


Why Understanding Arrests on Background Checks Matters

The presence of arrest records on background checks can impact opportunities for individuals in many areas of life:

  • For Employers: Knowing whether an arrest record is relevant and legally reportable ensures fair hiring practices and compliance with laws.
  • For Landlords: Screening tenants responsibly helps maintain safe living environments while avoiding discrimination.
  • For Individuals: Reviewing personal background checks ensures that inaccurate or outdated information does not affect opportunities.

Factors, Process, and Our Services

Understanding the specific factors that determine whether arrests appear on background checks is essential. In this section, we’ll explore the different elements that influence whether an arrest will show up, the process involved in conducting background checks, and how Exact Background Checks ensures accuracy and compliance throughout.


Factors That Determine Whether Arrests Show Up on Background Checks

Factors That Determine Whether Arrests Show Up on Background Checks

Several key factors determine if an arrest record will appear on a background check. These factors include the nature of the record itself, the laws governing reporting, and the type of background check conducted. Let’s explore these in more detail:

1. Criminal vs. Civil Records

A criminal record is typically associated with arrests and convictions related to violations of the law, such as theft, assault, or drug offenses. A civil record, however, relates to legal disputes that do not involve criminal activity, like lawsuits or divorce proceedings.

  • Criminal Records: Arrests and convictions related to crimes are usually included in criminal background checks. Even if an arrest did not lead to a conviction, it can still appear unless it is sealed or expunged.
  • Civil Records: These do not usually include arrests unless they pertain to criminal offenses that resulted in civil suits.
2. Arrest Records vs. Conviction Records

While arrest records indicate that an individual was taken into custody, they do not necessarily confirm guilt. Arrest records can appear on background checks unless legally restricted. In contrast, conviction records are the result of a legal judgment, confirming guilt, and these tend to be far more significant in most background checks. Here’s how they differ:

  • Arrest Records: Can ap