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Will a background check count my father as a sex offender even though there were no arrests made?

San Jose, CA |

I reported sexual misconduct on my father someone about what he did to me when I was a child. It happened in another country and it had continued in the US for a while. I made the report when I was 18 years old. There were no arrest made, only a report was filed. I did not want my family to split apart.

Attorney Answers 3


No record exists until an actual arrest has been made or a failure to appear has occurred in response to a notice to appear letter from the DA.

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Unless there was a determination made by an agency then he has no record to report.

This is just my opinion and not a comprehensive answer. You assume the risk because this answer may not apply to your situation depending on the facts.

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It is possible it was reported to the Child Abuse Central Index (CACI). It depends on when and where you reported this. He can look at his Department of Justice records if he wants to know.

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