How Soon Does an Arrest Show on a Background Check?
Arrests may not result in a conviction or charges that appear on a criminal record, but most states treat arrests as public record, meaning they are likely to show up on a background check.
If you have recently been arrested, you may be wondering how soon your background check is going to show this record and if an arrest will stop you from achieving certain jobs or opportunities. Our article gives you more information on arrests and their presence in background checks.
Are Arrest Records Publicly Accessible?
Whether or not arrest records are publicly accessible and able to be reviewed by employers or other organizations depends on your state’s specific disclosure and employment laws.
Most states do allow arrest records to be publicly listed, but employers and other organizations might not be able to access these records if they didn’t result in a conviction or a guilty charge.
That being said, employers performing background checks, especially federal government employers or those hiring for positions in healthcare and childcare, may run more in-depth background checks. These may involve contacting county clerk offices, courthouses, and law enforcement directly to inquire about arrest records for a certain individual.
States do have varying laws on the legality of this, so it’s best to research the laws in your state. Along with your research, speak to a legal professional specializing in employment law if you have questions or concerns about the accessibility of your arrest record.
How Long Does It Take for an Arrest to Show on a Background Check?
Arrests have the potential to show up on your background check report fairly quickly, depending on how fast the arrest is processed by local law enforcement and courthouses. It may be as little as 24 hours before your arrest is made public record and accessible via online searches and direct courthouse or law enforcement inquiries.
As soon as an arrest is made public record, it is possible for it to be found with a background check and included on your overall criminal record.
On average, an arrest may show up on your background check reports directly through court and law enforcement records websites in 24 to 72 hours.
It can take up to a week or two for all online search tools and other third-party websites to include a recent arrest in your background check report.
Do Employers Consider Arrests or Pending Charges?
Some employers do consider arrests or pending charges that they find when performing background checks, and some do not. Additionally, some states make it illegal for employers to base hiring decisions on arrest records or pending charges, as both of these items are not proof of guilt or a conviction in any way.
You will need to check with your state’s specific laws to see what is legally allowed to be considered by employers, and you will also need to speak directly with your employer in the case of an arrest or pending charge on your record.
In some cases, employers will make a condition when you are hired that arrests or pending charges may result in the loss of a job or denial of a promotion. This is especially common when an arrest for something like a DUI is made and the person in question works with driving a vehicle, such as driving school buses.
Under conditional hiring circumstances, termination or suspension from an employer is considered valid even if all that is on your record is an arrest or a pending charge.
If you believe that you may have been terminated or suspended from your employer wrongfully due to an arrest on your record or a pending charge, you will need to speak with an attorney that specializes in your state’s employment law.
Can You Remove an Arrest From Your Record?
Arrests are considered public record in most states, and it is unlikely that you will be able to remove these from your background report or criminal record.
Law enforcement offices and county clerks or records offices typically hold onto arrest records even if the resulting case or charges were dismissed. Public records are available through these offices or may be made available online for the public to easily access and remove.
In the case that you have successfully petitioned to get some of your records sealed, you may be able to work with an attorney or court system to get records of your arrests also removed from public access. You will need to consult with a lawyer and check your state’s laws surrounding this for more detailed information and instructions on this process.
Evaluating Your Background Report
Staying informed of what is displayed on your background check report is an essential part of applying to jobs and being prepared for any questions someone might have about your personal history.
We recommend performing a background check on yourself on a reverse search site like this; this will allow you to evaluate the type of information listed on your report. You will be able to see any arrests on your record that may be recent or historical in addition to checking if the personal information, education history, and work experience are all correct.
The more accurate your background check report is and the more informed of it you are, the more confident you will be when someone asks to review this report.
