Will an Old Arrest Show Up on a Background Check? Your Rights and What to Do

Two different ways an employer can learn about an arrest

Employers can find an arrest in two ways, and the rules differ. The first is an informal search: a recruiter types your name into Google and sees what comes up, which might include a mugshot site, a news story, or a people-search listing. The second is a formal background check from a screening company, ordered with your written permission and regulated by federal and state law.

Knowing which one you're facing helps you respond. For a search, the work is the work in the rest of this series: getting copies removed or updated where you can, and making sure accurate information is what people see. For a formal check, you also have legal rights to see the report, to dispute errors, and in many cases to explain before a final decision is made.

The federal limit on reporting old arrests

The Fair Credit Reporting Act sets rules for consumer reporting agencies, which include background-check companies that prepare reports for employers. One rule limits how far back certain information can go. Records of arrest generally can't be reported if they're more than seven years old, or until the statute of limitations has expired, whichever is longer.

There are important limits. The seven-year rule doesn't apply to records of conviction, which can be reported no matter how old. It also doesn't apply to a report used for a job with an annual salary that equals or is reasonably expected to equal $75,000 or more. Many states have their own rules, some stricter. Not every database used by smaller sites follows these rules, which is one reason to know what's in your own records.

Your rights when a report is used against you

Before an employer runs a background check through a screening company, it generally has to tell you in writing and get your written permission. If the employer is thinking about turning you down based on something in the report, it generally has to give you a copy of the report and a summary of your rights first, so you have a chance to respond. If it then makes a final decision against you, it must tell you, name the company that provided the report, and explain how to dispute it.

Use that window. If the report shows an arrest that was dismissed, sealed, or isn't yours, contact the employer right away to tell them you're disputing it, and send the screening company a written dispute with your documents. Under federal law, the company generally has to investigate, usually within 30 days, and correct or delete information it can't verify.

What employers are told about arrests

The U.S. Equal Employment Opportunity Commission's guidance says the fact of an arrest doesn't establish that criminal conduct occurred, and that excluding someone based only on an arrest isn't job related and consistent with business necessity. An employer may consider the conduct behind an arrest if that conduct makes the person unfit for the specific job. The EEOC also encourages employers to let people explain before a final decision.

Many states and cities have added their own rules, such as limits on asking about arrests that didn't lead to conviction, or on when in the hiring process criminal history can be asked about. These rules vary widely, so check your state and city. This is general information, not legal advice; an employment attorney or legal aid office can tell you what applies to you.

How sealing and expungement change the picture

If your arrest didn't lead to a conviction, or your case qualifies under your state's rules, sealing or expungement is often the single most useful step. In many states, sealed or expunged records aren't supposed to show up in background reports for most jobs, and you may be allowed to say the arrest didn't happen when asked on many applications. The rules differ by state and by type of job, so ask a legal aid office or attorney before relying on this.

Old copies can still linger in private databases. If a sealed or expunged record shows up in a background report, dispute it with a copy of the order. If it shows up online, use the steps in our mugshot and news story guides.

Check your own records first

It's much better to find a problem before an employer does. Ask the court clerk for your case records, and request a copy of your state criminal history record if your state offers one. You can also ask a screening company for a copy of your file, since consumer reporting agencies generally must disclose what they have on you when you ask. Then search your name the way a recruiter would, using our guide to what employers see when they Google you.

How to explain an arrest

If an arrest might come up, prepare a short, honest explanation. Two or three sentences are enough: what happened, how it ended, and what you've done since. For example: I was arrested in 2019, the charges were dismissed, and I have the court record if you'd like to see it. Since then I've worked in this field for five years. Keep it factual and calm, and don't over-explain.

Have your documents ready to share if asked. A clear explanation backed by paperwork, together with search results that show your current work, usually matters far more than the arrest itself.

Making sure searches show the present

A background check is one part of how employers learn about you; a name search is often the first. Make sure your professional profiles are complete and consistent and, ideally, that you have a simple personal site on your own domain that shows your current work. Our guides to what employers see and to a pre-application check walk through it step by step.