Do employers see my arrest record when they perform a criminal background check?

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Do employers see my arrest record when they perform a criminal background check?

I have a assault with a deadly weapon case that was dismissed, will this come up if an employer perform a background check?

Asked on March 22, 2012 under Employment Labor Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The best answer is that they shouldn't-- but yes they often do.  Generally private employers do not have access to criminal history unless it has resulted in a conviction or deferred adjudication through the Department of Public Safety.  Unfortunately, criminal histories are distributed through other public records sources.  Anyone has access to the clerk records which would show the charge and the dismissal.  Many clerks in Texas now sell their records in batches to private companies who recompile the data into a type of consumer report.  If an agency received the information from the clerk and a future employer purchased it, then it could show up on a background check with a private employer.  Government employers generally have full access to your entire history without having to go through a company-- they get it through a NCIC or nationwide criminal background history.


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