If my husband and I are trying to get a place for rent and he was arrested but the charges where Nolle Prosequi, does that mean it will come up?

Will they be able to see what he was arrested for and hold it against him if it was Nolle Prosequi? Do they even have the right to say no?

Asked on March 20, 2012 under Real Estate Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Most likely even though your husband was arrested for a matter but the charges were later dismissed (nolle prosequi) his arrest will not appear on any back ground check for the simple reason that he was not convicted of the crime he was arrested for.

In this country, a person is presumed innocent of a criminal act until proven guilty.

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