Will Arrests That Did Not Result In Convictions Show Up In A Background Check

Employment Background Checks and criminal record

If you are arrested and charged with a offense but your charges are later dismissed or you obtain an acquittal at trial, yous may wonder whether your abort and charges will show upwardly on a background check for employment, housing, or admission to an educational plan.

Practise Criminal Charges That Resulted in Dismissal or Acquittal Show Up on a Background Check?

Fortunately, most employers, admissions officers, landlords, and other parties that might behave a background check on y'all are more interested in whether y'all've been convicted of a criminal offense. Many applications that ask nearly criminal history specifically enquire "Have you lot e'er been convicted of a crime." If you were bedevilled on a criminal charge, then you are legally considered guilty of the offense, regardless of how much you lot may protest your innocence. Still, if your criminal charges did not end in a conviction, that suggests that you were innocent of the charge or there was bereft bear witness to evidence beyond a reasonable uncertainty that you committed the offense.

In most cases, though, criminal arrests and charges practise show up on background checks that are conducted by commercial third-parties.

Can Prospective Employers Inquire About Arrests?

New Jersey is i of united states that has adopted a "ban the box" police force, which restricts the power of prospective employers to request criminal histories from applicants for jobs. Under New Jersey'due south Opportunity to Compete Act, an employer may non inquire into an applicant'south criminal record until after the employer has conducted a first interview with an bidder (unless the position is in law enforcement, corrections, homeland security, emergency management, or the judiciary).

However, once an employer has completed the starting time interview and engaged in some deliberation regarding an bidder's suitability for a position, an employer can and so inquire nigh a candidate'due south criminal history, including arrests and charges.

Seeking Expungement of Arrest Records in New Jersey

When y'all were arrested or charged with a criminal offense but ultimately not convicted, you shouldn't be held dorsum by any stigma from an arrest record. Fortunately, in New Bailiwick of jersey, persons with records of arrests or charges that did not result in criminal confidence may be eligible to seek expungement of their record. Expungement is a procedure past which criminal records are sealed from public access and the arrest or charges is legally considered not to take happened.

If you lot have arrests and charges on your tape that did not lead to a conviction (unless you pleaded guilty to another concurrent charge equally part of a plea bargain, or you were found not guilty by reason of insanity or lack of mental capacity), you can immediately seek to expunge all such arrests and charges from your record. Since 2016, criminal defendants could utilize to expunge their records at the same time as their charges were dismissed.

Otherwise, a person will need to follow the standard procedure for expungement, which involves obtaining a copy of your record and filing a petition with the court in the county where yous were arrested or charged.

Read more than: What Crimes Tin can Get Expunged In New Jersey?

Contact an Experienced Scotch Plains Criminal Defense Lawyer About Your Charges in New Bailiwick of jersey

Were you arrested or charged in New Jersey? The consequences of a conviction could be severe, leaving you with a permanent criminal record and possibly even sending you lot to jail. That is why y'all need to speak with a qualified criminal defense attorney as soon every bit possible about your case. The attorneys at Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC take successfully represented clients charged in Union, Plainfield, Eastward Orangish, Irvington, and throughout New Jersey. Telephone call (908) 325-5571 or fill out the online contact form to schedule a consultation with a member of our legal team. We accept an role conveniently located at 1827 E. 2nd St., Scotch Plains, NJ 07076, as well equally offices located in Westfield, Newark, E Brunswick, Clifton, Blood-red Loma, and Elizabeth.

The articles on this weblog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If yous are seeking legal advice, please contact our law firm directly.