Arrest Without Conviction In Oakland
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FAQ
In America you are innocent until proven guilty in a court of law. If you are not convicted, then you are innocent of committing the crime and it would not show up on a standard background check.
Arrests that do not result in a conviction or with conviction overturned remains on a person's criminal record in California. However, such individuals may petition to have such criminal history information sealed under the California Penal Code §851.91 or Penal Code § 851.8.
Misdemeanor arrests should be sealed after 1 year if there are no charges, and felony arrests should be sealed after 3 years if there are no charges. Cases that get dismissed should be cleared immediately. Convictions of cases where you are granted probation should be cleared once the case closes.
Yes, arrests will show up on a person's background check in the Golden State. A background check typically features information about the arrest, such as the arrest date, charges filed, and whether the arrestee was detained or taken to jail.
Although true expungement does not exist in California, there may be options to clean your record depending on your situation. The law related to cleaning your record is complicated. If you ever get stuck, consider getting legal help.
A California background check investigates an applicant's or employee's criminal history, past employment, education, and other information important for the job. These searches are conducted by consumer reporting agencies (CRAs) by checking reliable public information databases and records for relevant information.
In addition, a background check may show pending criminal charges and misdemeanor or felony convictions, with a look-back period of seven years. However, non-convictions aren't reported, such as non-pending arrests, charges, or indictments that did not lead to a conviction.
