Does an arrest show on a criminal background check if there was no conviction?
Question Details:
My son was arrested for second degree breach of peace. In exchange for community service hours, the prosecutor agreed to drop the charges. He did not enter a plea, and there was no conviction. He is currently in nursing school and will be required to have a background check done. We were told after a certain period of time (13 months?) it would be as if it never happened.
In Michigan, if you are arrested and fingerprinted for a crime, and subsequently the case is dismissed or there is never a conviction entered, a person will still have an "arrest" record, which may show up in a employment background check. However, if there was never a conviction or the case was dismissed/dropped, the person is allowed to file a motion to have their fingerprints and arrest card destroyed to remove the arrest record. My advice is to contact a local criminal defense attorney in your State and inquire as to whether or not your son currently has an "arrest" record, and if so, what the proper steps are to remove his arrest record prior to the background check.
