Do Arrests Show up on Background Checks?
September 2, 2026 | Nafiz M. Ahmed
In some cases, arrests will show up on background checks in California, but not always. Whether an arrest shows up on a background check in California depends on several factors, including the type of background check being run, whether you were formally charged, if your case is still pending, if there was a conviction, and if your record has received automatic relief or been sealed.
Even when an arrest appears in government databases, not every background check will display this information to the person or company requesting it.
What Type of Background Check Is Being Run?
Most employment background checks are run by third-party consumer reporting agencies. These are governed by the federal Fair Credit Reporting Act and California’s own reporting laws, which generally prohibit reporting arrests that did not lead to a conviction, and limit how far back most records can be reported, typically seven years. A standard pre-employment check from a reputable agency should not show an arrest that never became a conviction.
Fingerprint-based checks are different. Jobs and licenses in fields like healthcare, education, childcare, security, and government often require a Live Scan check, which pulls your arrest record directly from the California Department of Justice. These checks see more, and the rules about what can be considered are different.
Will an Arrest Still Show up if the Charges Were Dismissed?
Even if charges were dismissed, the arrest might still be visible in the underlying criminal records. However, California law offers strong protection against most uses and disclosures of arrests that did not lead to a conviction, particularly regarding employment background checks.
Under California law, automatic arrest record relief is generally granted when:
- No charges are filed against you (and applicable waiting period has passed)
- Misdemeanor charges are dismissed (with some conditions)
- You successfully complete a diversion program, and charges are dismissed
- You are acquitted at trial
With automatic relief, access to the record is restricted for most public and employment purposes, though some law enforcement and governmental purposes still allow access. The record technically still exists in official databases, but it will generally not show up or be usable for standard employment background checks.
What if I Was Convicted?
Convictions are different from arrests. If you were convicted, that conviction will generally show up on a background check. But for most standard employment checks, companies can only report records going back seven years. Convictions aren’t necessarily permanent, though. California allows for expungement in certain situations.
While expunged records don’t fully disappear, they no longer count as convictions for most job applications, and you can usually respond “no” when asked if you’ve been convicted.
What Is California’s “Ban the Box” Law?
California’s “Ban the Box” law, officially known as the Fair Chance Act, is designed to give people with a criminal history a fair opportunity during the hiring process. For most employers with five or more employees, this law generally prohibits asking about criminal conviction history on a job application or during the early stages of the hiring process.
Under the Fair Chance Act, a covered employer cannot consider, ask about, or require disclosure of conviction history until after making a conditional job offer. This law also restricts employers from considering certain arrest records, including arrests that did not result in a conviction, even after a conditional offer is extended.
Contact Ahmed & Sukaram, Criminal Defense Attorneys To Schedule a Confidential Consultation With a San Jose Criminal Defense Attorney
If you’re concerned about how an arrest might affect background checks, job opportunities, or your future in California, it’s important to know your rights and your options. Speaking with an experienced criminal defense lawyer can help you understand where your record stands and whether you qualify for automatic or other relief.
If you have questions about clearing your record or defending your rights, contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys to schedule a confidential consultation with a San Jose criminal defense attorney.
Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818
Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500