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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17305
Experience:  Licensed attorney with 28 yrs. exp. in criminal law
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I have been arrested, not convicted will it show up on an employment

Resolved Question:

I have been arrested, not convicted will it show up on an employment background check?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for your question. How long ago was the arrest and is the case still pending? What kind of employment are you seeking? Is this for a Government job, one that requires special background checks, or just a private employer? Also, are you saying that an employer has asked you if you have ever been arrested?
Customer: replied 1 year ago.

Its been a month since I've been arrested, retail store, they want me to fill out a request to release a background check and credit score.

Expert:  Marsha411JD replied 1 year ago.
Hello again,

Thank you for the information, however, I don't see where you responded to my question about what questions they asked you on your application. The reason why that is important, is that this employer can only consider convictions and not arrests in making their employment decision. Your background check request from the employer to the search company should only include convictions and not arrests. That said, a really thorough background check will pick up the complete criminal history, which included arrests. But as I mentioned, they should not be asking you about arrests that have not ended in a conviction.

Let me know if you need any clarification. I would be glad to assist you further if I can.

You can reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.

Please rate me based solely on my assistance to you in understanding the law, and not based on whether my answer is what you were hoping to hear. I, unfortunately, have no control over how the law impacts your particular situation, and I trust that you can understand how it would be unfair for me to be punished by a negative rating for having been honest with you about the law. Please reply to me and let me know if you are having difficulty with the rating system or even seeing it. Thank you.

Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17305
Experience: Licensed attorney with 28 yrs. exp. in criminal law
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