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.
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.
Whether an arrest appears depends on what happened after it, state law, and the type of background check.
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.
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.
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.
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 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 If you've had a record sealed or expunged, it's worth confirming it no longer shows up, since outdated databases can still carry it.
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.
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.
Employers have to follow federal, state, and local laws when they use background checks in hiring.
The FCRA sets the rules for how background checks are run and used:
The Equal Employment Opportunity Commission (EEOC) enforces anti-discrimination laws in hiring.
States can add rules on top of the FCRA and EEOC:
Knowing what may appear helps you prepare and address red flags before they affect a hiring decision.
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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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.
Usually, yes. Open cases appear in court records. A pending charge isn't a conviction, and employers should treat it that way.
Yes, often. FBI fingerprint checks pull from law enforcement records, which can include arrests, sometimes without showing how the case was resolved.
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.
They shouldn't be. Expunged and sealed records are removed from standard background checks, though outdated databases can occasionally still carry them.
No. The depth of a background check depends on the job, the industry, and legal requirements.
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.