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Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1366
Experience:  Experienced Criminal Trial Attorney since 1998.
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I was recently arrested for vandalism and public intoxication

Resolved Question:

I was recently arrested for vandalism and public intoxication in South Carolina. I am also applying for jobs at the moment. Am I required to disclose this information? If I don't will my arrest and pending charges come up in a potential search by employers?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Legal-Guru replied 4 years ago.
If you are asked if you have been arrested, then the answer would be yes. If asked if you have been convicted, then the answer would be no.

It's not a crime to lie on an employment application (except for certain government jobs and jobs requiring a government security clearance), but if the employer runs a background check and finds it, they will almost certainly deny you the job for lying if not for the arrest itself.
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Customer: replied 4 years ago.
Aren't I in somewhat of an odd period/time since I haven't been convicted of anything yet simply charged. I would obviously prefer not to answer yes to being arrested but is it something that can be found through a search even though I haven't been convicted yet?
Customer: replied 4 years ago.
Relist: Incomplete answer.
Expert:  Legal-Guru replied 4 years ago.
I agree, you are in a limbo of sorts. Yes, arrest records are public record and can be discovered through a background check.

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