Arrests can show up on a background check, but not always. An arrest that led to a conviction or pending charges usually appears. An arrest that never led to charges, or one that was sealed or expunged, often doesn't. Under federal law, arrests that didn't result in a conviction generally can't be reported after 7 years. Here's how each situation works, and what employers can and can't do with arrest records.

What's the Difference Between an Arrest and a Conviction?

An arrest happens when law enforcement takes someone into custody on suspicion of a crime. It doesn't mean the person is guilty. It means there was probable cause, and the legal process then decides whether the person is charged, tried, and convicted.

A conviction happens when a person is found guilty of a crime in court, through a jury or judge's verdict, a plea deal, or another legal proceeding. It means the person was legally determined to have committed the offense, whether a misdemeanor or a felony.

That difference shapes both what a background check shows and how employers can use it.

When Do Arrests Show Up on a Background Check?

Whether an arrest appears depends on what happened after it, state law, and the type of background check.

Arrests That Led to a Conviction

These almost always show up. The conviction appears in court records, and federal law sets no time limit on reporting convictions, though some states do.

Pending Charges

If charges are still pending, they usually show up, because the case is open in court records. A pending charge isn't a conviction, and employers should treat it that way.

Arrested But Not Charged

If you were arrested but never charged, the arrest often won't appear on a standard criminal background check, because there's no court case to find. It may still appear on an FBI fingerprint check or in state police records.

Charged But Not Convicted

Dismissed charges and acquittals can still appear on some background checks, but EEOC guidance says an arrest alone isn't proof of wrongdoing. Under the FCRA, these records generally can't be reported after 7 years.

Sealed or Expunged Records

Sealed and expunged records shouldn't appear on a background check. If you've had a record sealed or expunged, it's worth confirming it no longer shows up, since outdated databases can still carry it.

Arrests on Fingerprint Background Checks

FBI fingerprint checks, often required for roles in healthcare, education, finance, and government, work differently from standard checks. They pull from law enforcement records, which can include arrests, sometimes without showing how the case ended. Bchex offers fingerprinting services for state and federal requirements.

How Long Do Arrests Stay on a Background Check?

Under the FCRA, consumer reporting agencies generally can’t report records of arrest more than 7 years after the date of entry (or until the statute of limitations expires, if longer). Convictions have no federal time limit. The 7-year limit also doesn’t apply to jobs paying $75,000 or more, but many states prohibit reporting arrests that didn’t result in conviction regardless of salary.

Bchex applies a 7-year look-back to arrest records by default. For more on look-back periods, see how long background check records stay on file.

Legal Considerations for Employers

Employers have to follow federal, state, and local laws when they use background checks in hiring.

Fair Credit Reporting Act (FCRA)

The FCRA sets the rules for how background checks are run and used:

• Get written disclosure and consent before any background check.
• If the report may affect your decision, send a pre-adverse action notice with a copy of the report and a summary of the candidate's rights.
• Give the candidate time, commonly at least 5 business days, to review and dispute errors.
• Send a final adverse action notice if the decision stands.

EEOC Guidelines

The Equal Employment Opportunity Commission (EEOC) enforces anti-discrimination laws in hiring.

• An arrest record alone can't be used to deny employment, unless the conduct behind the arrest makes the person unfit for that specific job. For example, the facts behind an arrest for a violent offense may be relevant for a role caring for children, even without a conviction.
• Convictions can be considered, but only in a job-related way.
• Employers should weigh the nature and seriousness of the offense, how much time has passed, and how it relates to the job.
• Blanket "no criminal record" policies can be illegal if they disproportionately exclude protected groups.

State Laws

States can add rules on top of the FCRA and EEOC:

• Ban-the-box laws: delay when employers can ask about criminal history.
• Limits on arrest records: some states bar employers from asking about or using arrests that didn't lead to a conviction.
• Look-back limits: some states restrict how long convictions can be reported.
• Expunged records: sealed or cleared records can't be used or reported.

Best Practices for Employers

• Write a clear policy. Document how background checks are used and make sure it complies with federal, state, and local laws.
• Assess each case individually. Consider the offense, its relevance to the job, and evidence of rehabilitation.
• Separate arrests from convictions. Don't treat a pending or dismissed charge as proof of guilt.
• Be transparent. Explain the process to candidates and give them a chance to respond to findings.
• Consult legal counsel. Background check laws are complex, especially if you hire in multiple states.

Advice for Job Seekers

Knowing what may appear helps you prepare and address red flags before they affect a hiring decision.

• Be honest. Lying or leaving details out creates bigger problems later.
• Check your record first. A personal background check shows you what employers will see, so there are no surprises.
• Provide context. If something appears, briefly explain the situation and what's changed since.
• Show progress. Highlight your work history, skills, and the steps you've taken.
• Dispute errors. If a record is wrong or belongs to someone else, you have the right to dispute it.

Conclusion

Not every arrest shows up on a background check, and not every arrest that does can be used against a candidate. Convictions and pending charges usually appear, arrests without charges often don't, and sealed or expunged records shouldn't appear at all. For employers, the safest approach is a written policy that separates arrests from convictions and follows federal and state rules.

Bchex delivers FCRA-compliant background checks with a 7-year look-back on every check and records verified at the source.

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FAQs

Will an Arrest Show Up If I Wasn't Convicted?

It can, especially if charges were filed. But under the FCRA, arrests that didn't lead to a conviction generally can't be reported after 7 years.

Do Pending Charges Show Up on a Background Check?

Usually, yes. Open cases appear in court records. A pending charge isn't a conviction, and employers should treat it that way.

Do Arrests Show Up on an FBI Fingerprint Check?

Yes, often. FBI fingerprint checks pull from law enforcement records, which can include arrests, sometimes without showing how the case was resolved.

Can Employers Ask If You've Ever Been Arrested?

It depends on the state. Several states bar employers from asking about arrests that didn't lead to a conviction, and ban-the-box laws limit when they can ask about criminal history at all.

Are Expunged or Sealed Records Visible on a Background Check?

They shouldn't be. Expunged and sealed records are removed from standard background checks, though outdated databases can occasionally still carry them.

Do All Jobs Require the Same Background Check?

No. The depth of a background check depends on the job, the industry, and legal requirements.

How Should Employers Handle Adverse Action?

Send a pre-adverse action notice with a copy of the report and the candidate's rights, allow time for review and dispute, and then send a final adverse action notice if needed.