What information will show up from my criminal record when someone conducts a background check?

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That depends upon the scope of the criminal background check but generally speaking, criminal records include arrests, incarcerations, convictions and sex offender records. What criminal information can be used by employers in making a hiring decision varies from state-to-state.

Arrest records are public records. Yet in states like California, employers cannot seek from any source the arrest record of a potential employee, unless the arrest resulted in a conviction or a trial is pending. There are exceptions. A health care industry employer can ask about sex-related arrests if the job duties involve access to patients. Also, an employer may ask about drug-related arrests if the job duties involve access to medications.

In many states, such as California, criminal histories, also called “rap sheets,” compiled by law enforcement agencies are not public record. These can only be accessed by certain employers such as public utilities, law enforcement, security guard firms and child care facilities. Many private companies sell their own rap sheets that they compile from available public information, although this information is not always accurate or up-to-date. There are some restrictions on what convictions an employer can inquire about. For example, in California, an employer may not inquire about a marijuana conviction that is more than two years old.

Want to learn more about what’s in your criminal background? Conduct a criminal background check today. Many sites offer criminal background checks online, and it’s a good idea for you to know what’s on your record before your next job search.

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