IfIwas arrested but not convicted, will that arrest show up on a background check if I apply for a job?

Arrested 8 years ago for suspicion of DWI.

Asked on September 21, 2010 under Criminal Law, New Jersey


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The fastest and best way for you to find out the answer to this question is to run a background check on yourself.  I will guess though, that it will indeed show up.  Arrests that are not "expunged" or sealed can be visable to an employer in a background check.  SO you need to take the necessary steps to have the record done away with to the best of your ability under your state law.  Be aware that there are instances where the law provides that certain types of offenses may not be expunged but you state you were not convicted so you should be clear.  Also, people often think that if they are not convicted the arrest wil go away upon the sealing of the proceeding.  They are two separate things to be done.  Generally you have to bring a petition before a Judge and request the expungement.  Get help.  Good luck.

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