When it comes to a criminal background check, one of the main concerns for individuals is whether or not their arrests will show up. This is especially true for those who have been arrested but never convicted of a crime. Keep reading to learn more about how arrests can affect your background check and what you and an experienced criminal defense attorney can do about it.

Understanding Arrest Records and Criminal Background Checks

Misconceptions often surround the differentiation between an arrest record and a conviction, especially when it comes to background checks. Being arrested does not automatically equate to being guilty of a crime; it is merely a part of the legal process.

Do Arrests Show Up on Background Checks? In Texas, arrest records do not automatically vanish from the public record, even if the arrest does not lead to a conviction. An arrest will indeed appear on your criminal history, but crucially, it is not a conviction. Even if a charge in Texas is dismissed, the arrest itself remains a part of your public record. This means that a background check can reveal this arrest, regardless of the outcome of the charge.

It's an essential distinction to understand, especially in the context of employment or government procedures. While an arrest record can initially cast a shadow, there are mechanisms in place to potentially expunge this from your record post case resolution, reinforcing the principle that an arrest is not a conviction.

Related: Does Your Criminal Record Clear After 7 Years? Unraveling The Myth

Impact of Criminal Records on Employment and Other Opportunities

An arrest or a conviction on record would have significant implications for any employment, accommodation or loan application you make. Hence, it is important to understand your rights and the legal ways through which you can clear your name.

Information Contained in a Background Check

Comprehensive background check reports can encompass various pieces of information. This means that you can easily have interested people carrying out a federal, state, or county search to get all your public access records. The extent of the check may depend on the nature of the job, hiring process or the reason for conducting it. However, here are some common elements that a background check may include:

• Personal Identity Verification: This includes confirmation of your full name, date-of-birth, and Social Security Number (SSN).
• Criminal Record Information: These cases may involve arrests, convictions, imprisonments, and sex crimes. This can be quite deep in different states.
• Employment History: Most times employees confirm that an individual worked at a specific place and his previous work titles, as well as the period in which they worked there and the reasons he left.
• Education Verification: This also confirms the authenticity of the qualifications or credentials claimed by the applicant.
• Credit History: For instance, we mean credit score, record of past bad debts or bankruptcies and other financial information usually applicable to such tasks.
• Driving Records: Employers can check for traffic violations or DUI convictions when hiring individuals in positions that require them to drive.
• References Check: This entails calling the given references to ascertain about the candidate’s character as well as reliability.
• License Record Checks: The background check may verify whether an individual possesses necessary licenses for such positions requiring licenses.



In order to conduct criminal record checks in Texas, the investigator must keep in mind that both dismissed criminal charges as well as arrest records dating back the last six months can show up on a report. Therefore, prospective employers could be aware of pending criminal charges, arrests and convictions against candidates.

The Role of Expunction in Removing Arrest Records

When it comes to expunction, this is one of the legal processes that will see the offender’s records get cleared from their criminal record. You cannot qualify for expunction if you were found guilty of offense relating to your arrest or if you did any formal probation. Expungement is an official act that requires one to file a petition and after a hearing obtain a judge’s order​​.

However, it should be emphasized that specific conditions apply to this eligibility. For example, these involve unindicted criminal complaints, dismissals, acquittals, expunged or sealed arrest records for crimes not prosecuted, pardoned convictions, and some acts committed by minors among others.

Timeline and Procedure for Expunction in Texas

The waiting period for expunction varies depending on the nature of the offense. Generally, more serious offenses may require a longer waiting period before expunction is possible, while minor offenses may have a shorter waiting period. The precise number of days to wait for expunction depends on the type of the crime, so one needs to refer to particular statutes as regards this case.

• Class C misdemeanor: 180 days
• Class A & B misdemeanor: 1 year
• Felony: 3 years​​.

You will have to file an application in the court, participate in a hearing, and ensure delivery of the expunction order to the relevant bodies. This may be simple or complex and may sometimes require engaging an experienced lawyer to assist.

Process of Expungement in Texas

Expunction or expungement is the procedure that must be followed to have an arrest record erased from public view. In Texas, expunction entails filing an application with the support of a criminal defense attorney and getting permission from the judge. After an expungement order is filed and executed, one’s arrest record will be wiped out from the records, and you can legally deny having ever been arrested while applying for jobs and in many other circumstances.

Related: Dismissal vs Expungement: What's the Difference

Record Sealing as an Alternative

In situations where expungement is impossible, such as when people were on probation and there were no convictions, they can try to get an Order of Nondisclosure. Unlike expunction, this legal order creates a seal over the record and closes it to public access; however, the record still remains​​.

Conclusion

The offenses committed in Texas still appear in a background check even when relevant procedures of law have been followed and done to expunge such records. Two major processes by which an individual can erase his record include expunction and record sealing. Such processes are complicated and usually require the expertise of an experienced criminal defense attorney. It is imperative that anyone wishing to reduce the effects of an arrest on their prospective endeavors appreciates such details.

The Law office Rolando Cantu offers legal counsel aimed at guiding people through all the legal proceedings. We have a qualified staff that is familiar with the details and subtleties of these legal processes, which will help you to understand all the stages. For consultation, contact us now and begin taking charge of your destiny.