A person who is arrested for a crime but is not convicted may still have some concerns. After all, a run-in with the law never looks good, even if the person was fully innocent of any wrongdoing. An increasing number of companies and landlords require consent to conduct background checks during the hiring/application process. It is reasonable to be concerned about what one or more arrests might mean for one’s job or housing prospects.
Do Arrests Show Up in Background Checks?
It depends. While there’s no guarantee, some types of background checks will show arrests. On the plus side, any report that shows a record of arrest will usually show if it resulted in a dismissal or not guilty verdict.
Legal Rights on Arrest Records on Background Checks
New Jersey law requires employers to conduct an interview with an applicant before it can request and consider criminal history or arrest records. There are some exceptions, such as when a person is applying for a job in law enforcement or if the employer has a program that specifically hires those with criminal records. State law allows employers to refuse to hire applicants based on arrest records, even if the arrest does not result in a conviction. The only exception is when the record has been expunged, in which case the arrest will not show up in the background check and can be legally denied by the applicant.
Expunging Arrest Records in New Jersey
A person can file for an expungement of an arrest that does not result in a conviction immediately after being cleared of the charges. The process is similar to expunging a criminal record, and hiring an attorney to help is in one’s best interest.
If a person avoids a conviction due to completing a Pre-Trial Intervention or Conditional Discharge, there will still be a record of having entered the program. Such diversionary programs can also be expunged, although one must wait 6 months after finishing to file the motion.
Who Should I Contact for Help Clearing My Arrest Record?
If you or someone you love would like to hide the record of an arrest in New Jersey, contact an attorney with experience in such matters. The lawyers of the Rosenblum Law Firm are skilled criminal defense and expungement attorneys who have helped many people in New Jersey expunge past run-ins with the law. Email the Rosenblum Law Firm or call 888-815-3649 today for a free consultation about your case.