Will a detainment for questioning show up on a background check for a law enforcement job?

About 2 years ago I had an encounter with local law enforcement and was detained for questioning. I was not arrested. Now I am taking my civil service exam for a sheriff’s deputy job.

Asked on November 7, 2011 under Employment Labor Law, New York


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Being detained for questioning should not appear in the background check.  It should not appear in a background check because you were not arrested, were not charged with a crime, were not convicted.  If a person is questioned in an investigation by law enforcement, that standing alone without being arrested, prosecuted and convicted would not result in a criminal record that would surface in a background check.   Suspects, persons of interest, etc. are routinely questioned in the course of an investigation by law enforcement without being arrested and therefore no charges are filed and that is the end of the matter. 

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