Do Arrests Show Up on Background Checks?

Yes, an arrest can show up on an employment background check, but not always. Federal law lets a background check company report an arrest that did not lead to a conviction for seven years. Many states narrow that further, and some bar employers from considering non-conviction arrests at all. Even when an arrest appears, federal guidance says it should not be the sole reason to reject a candidate.

This guide explains what employers can see, what they can use, and how to build a fair, compliant policy. For a broader look at report contents, see what a background check shows.

Arrest vs. conviction: why the difference matters

An arrest means law enforcement took someone into custody on suspicion of a crime. A conviction means a court found the person guilty, or the person pleaded guilty or no contest.

Many arrests never become convictions. Charges may be dropped, dismissed, or never filed, and a person who is charged is presumed innocent. As the EEOC puts it, “the fact of an arrest does not establish that criminal conduct has occurred.”

That is why federal and state laws treat the two records very differently.

What the FCRA allows on a background check

The Fair Credit Reporting Act (FCRA) governs background checks run by a consumer reporting agency for employment.

Record type	Federal reporting limit
Arrest that did not lead to a conviction	7 years from the date of entry, or until the statute of limitations expires, whichever is longer
Other non-conviction adverse information	7 years
Criminal conviction	No federal time limit
Any record, for a job paying $75,000 or more a year	The 7-year limits do not apply

Courts have read the seven years as starting when the charge is entered, not when it is dismissed. In Moran v. The Screening Pros (2019), the Ninth Circuit held that reporting a dismissal after the original charge has aged out would effectively reveal the outdated charge.

State law can be stricter than the FCRA, and the stricter rule wins. Our guide to FCRA-compliant background check services covers the wider compliance picture.

States that restrict arrest records in hiring

Several states limit whether employers may ask about, or use, arrests that did not lead to a conviction. Examples include:

State	Rule for employers
California	Employers may not ask about or use arrests that did not lead to a conviction, diversion programs, or sealed or dismissed convictions. They may ask about an arrest when the person is awaiting trial. Background check companies also may not report non-conviction arrests under California’s ICRAA.
Illinois	Using an arrest record in hiring, promotion, discipline, or discharge is a civil rights violation. Employers may still act on other evidence that the person engaged in the conduct.
New York	Employers with 10 or more employees may not ask about arrests or charges that did not lead to a conviction, unless the charge is still pending.
Massachusetts	Employers may not ask about arrests that did not result in a conviction.
Michigan	Employers may not ask about an arrest, detention, or disposition where no conviction resulted.
Hawaii	Employers may not refuse to hire or discriminate based on an arrest or court record.
Connecticut	Employers may not ask about arrests, charges, or convictions on an initial application, with limited exceptions.
Rhode Island	Employers may not ask whether an applicant has ever been arrested or charged with a crime.
New Hampshire	Asking about or using arrest records is unlawful unless there is a business necessity.

Many cities and counties add their own fair chance rules on when and how you can ask about criminal history (see banning the box). This list is a starting point, not legal advice; check current law for every state and city where you hire.

How the EEOC views arrest records

The EEOC’s enforcement guidance on arrest and conviction records says an exclusion based only on an arrest is not job related and consistent with business necessity under Title VII.

The guidance also notes that arrest records are often incomplete. They may lack a final disposition, contain errors, or keep appearing after a record is sealed or expunged.

An employer may still act on the conduct behind an arrest when that conduct makes the person unfit for the job. In the EEOC’s words, “the conduct, not the arrest, is relevant for employment purposes.” That means gathering facts and giving the candidate a chance to explain, not relying on the arrest itself.

What an arrest looks like on a report

What an employer actually sees depends on the search and the record source. A county or statewide court search typically shows charges that were filed, along with their outcome when the court has recorded one. VICTIG does not report arrest data on its own. It reports filed criminal charges and convictions. Pending charges are reported only where state law allows, for up to seven years, and Alaska and Kentucky do not allow pending charges to be reported at all. When a charge has no disposition, VICTIG’s research team checks the court for the current status, upcoming court dates and active warrants before reporting.

For what each case outcome means, see our guide to what disposition means on a background check.

A pending case is different from an old, dismissed one. Most state laws that restrict arrest records still allow employers to consider charges that are currently pending.

A practical checklist for employers

Know your jurisdictions. List every state and city where you hire, and note which ones restrict arrest records or the timing of criminal history questions.
Remove arrest questions from applications. Ask about criminal history only when and how local law allows.
Focus on convictions and pending charges that relate to the job, and follow state limits on how far back you look.
Assess each record individually. Weigh the nature of the offense, how long ago it happened, and the duties of the job.
Look at conduct, not the arrest. If an arrest raises a real concern, gather facts and let the candidate respond.
Follow the FCRA adverse action process. Send a pre-adverse action notice with a copy of the report and a summary of rights, wait a reasonable time, then send the final notice. See everything employers need to know about adverse action.
Document your decisions and apply the policy consistently.

What candidates should know

If you were arrested but not convicted, the record may still appear on some background checks for up to seven years, depending on your state. You have the right to see a copy of any report an employer uses against you and to dispute anything that is wrong or incomplete. If a record has been sealed or expunged, tell the background check company so it can be corrected.

How VICTIG helps

VICTIG’s criminal background checks are built for FCRA-compliant hiring. VICTIG is PBSA accredited, averages a 1.8-day turnaround, and answers emails in an average of 7 minutes. VICTIG applies federal and state reporting limits to every report:

Felony convictions are reported without a time limit, except in states with stricter rules, such as California, New York and Washington.
Misdemeanor convictions are reported for 10 years from the file date, or less where state law sets a shorter limit.
Deferrals, diversions and similar alternative dispositions are reported for up to seven years, where state law allows.
Salary-based limits: in states where the lookback depends on pay, VICTIG researchers confirm the salary range with the employer before reporting.
Shorter lookbacks: employers can ask in writing for a shorter period, such as five years, to match their own policy.

FAQ

Will an arrest show up on a background check if I wasn’t convicted?

It can. Under the FCRA, a background check company may report a non-conviction arrest for up to seven years from the date of entry. Several states, including California, bar reporting or using arrests that didn’t lead to a conviction.

How far back do arrest records go on a background check?

Under federal law, seven years from the date the charge was entered, unless the job pays $75,000 or more a year. State laws may set shorter limits.

Can an employer refuse to hire me because of an arrest?

The EEOC says an arrest alone does not prove misconduct and shouldn’t be the sole basis for a hiring decision. Some states prohibit it outright. Employers may consider the underlying conduct if it makes someone unfit for the job.

Can employers ask about arrests on a job application?

In many places, no. California, Illinois, Massachusetts, Michigan, New York and other states restrict questions about arrests that didn’t lead to a conviction, and many cities have fair chance laws.

Do pending charges show up on a background check?

Often, yes. Pending charges are usually reportable, and most state arrest-record laws still let employers consider a case that hasn’t been resolved.

Do sealed or expunged arrests show up?

They shouldn’t. If one appears, the candidate can dispute it with the background check company, which must investigate and correct inaccurate information.

Background Check Solutions

Elite Client Support

Do arrests show up on background checks? A guide for employers