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Will an arrest with no conviction show up on a background check?

Albany, GA |

I have been arrested four months ago for shoplifting. The case is still pending. I have not been to court or anything. What details will a background check show about a pending case, with an arrest, but no convictions?

Attorney Answers 3

Posted

Yes it can if it is reported. It is suppose to be reported and should show up on a The National Crime Information Center (NCIC). In Florida if you are arrested and not convicted your are eligible to have the arrest expunged. When it is expunged it is wiped of of your record. An arrest only will not show a conviction so someone experienced at looking at the record will know that it was an arrest that did not result in a conviction. Georgia might be different but an attorney that deals with record sealing and expungement should be able to get this cleared up for you if no action is taken and the case is closed. If your case is still pending then it is possible that the state will go forward on the case. In Florida we have speedy trial rights that come into play after arrest. I'm not licensed in Georgia but it looks like the speedy trial rights might require a demand. It is possible that charges will not be filed against you. You could hire an attorney to look into this for you. They might be able to try to keep the state from charging you. They could also try t make sure your record is protected in the resolution of this matter.

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Posted

Yes. In Georgia, the absence of a conviction does not, in and of itself, mandate an expungement. Expect it to pop up again and again. If things go well at court, you may ask for some form of sentence that would provide for a deferred adjudication or reduced charge.

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Posted

It certainly can and there is no way to know about it in advance. If questioned, consider asking your lawyer for an opinion letter for the employer which may help. However, this is completely up to your prospective employer if they learn of this charge. Good luck.

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