Arrest on a Background Check
To understand more fully how an arrest on a background check could show up, you can also read about what a criminal record really is as well as the full article on criminal background checks. Also, your arrest has appeared on a background check when it should not have, visit here.
Many people who have gone through the experience of being arrested have also found themselves in court to face the charges they were booked for. However, what about those who were arrested but never charged with a crime? This happens more often than people realize. There are of course many reasons for it. Among the top reasons: a lack of evidence to file charges, wrongful arrest, mistaken identity, and cases where the alleged victim no longer desires prosecution.
As time goes by, the person arrested may wonder if the arrest will be on a background check when applying for a job or getting a promotion. Similar individuals who must pass security clearance or in the process of getting a certification or professional license may also get anxiety when thinking about their arrest on a background check.
Why Would an Arrest be on a Background Check?
First of all, an arrest is a criminal event that can be defined as creating a criminal record. Depending on where and why a person was arrested, the information of an arrest is recorded and stored by that institution. More importantly, however, that information is compiled by some very large and sophisticated companies and used as a storehouse for criminal background check reports to be used at a future time.
Secondly, background check companies know that some people who get arrested do not end up getting charged in court, and that information is still valuable to a potential employer. For many reasons outside the scope of this article, companies want to limit their liability for negligent hiring practices. Which is why a person’s arrest is seen as holding a great deal of weight.
Because of the stigma that comes with being arrested, it’s not uncommon for people to miss valuable employment opportunities when a company discovers an arrest on a background check.
What Can Be Done About an Arrest on a Background Check?
For those who want to prevent others from discovering their arrest on a background check, there is hope and it is not too far out of reach.
With so many police agencies in the United States (almost 18,000), this creates a lot of arrest records. Background check companies cannot scavenge every single one of these departments to see if your name and date of birth match. This is especially true when you consider that there is no central repository that manages all these arrests outside of law enforcement’s exclusive use. To say it simply, private criminal database and background check companies must use proprietary methods of compiling and combining their data to validate their searches. But they cannot do so without limit.
To increase your chances of preventing an arrest on a background check from appearing, a proactive approach is necessary.
Privacy Laws for an Arrest on a Background Check
An arrest that did not lead to criminal charges or a conviction cannot be reported whenever someone feels like it. Background check companies know that even public information has its limits and that sharing your arrest could violate your privacy.
Many factors go into whether or not the arrest on a background check is appropriate. So it’s best to evaluate your specific circumstances in a professional manner. The laws in California as well as many other states intertwine with complicated national regulations.