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What Arrests Show Up on an Employee Criminal Background Check?

Today, employers are more concerned than ever about arrest records.

They want to be sure that a criminal background check will reveal these records and, equally as important, that it will fill in the details of the arrest. Typically, a new arrest will show up on an Employee Criminal Background Check in Buffalo within twenty-four hours of the arrest.

As an employer, it is important to keep in mind that an arrest is not a conviction. Of course, you can still eliminate an applicant from consideration based on the arrest, and, in most cases, you can terminate or suspend a current employee for an arrest as long as your action is reasonable.

As you look at an applicant’s arrest record, there are certain designations you need to be aware of. Here are three of them:

  1. Pending Case: If a case is pending, the person has been arrested and charged with a crime. However, there has been no adjudication, meaning there has not yet been a plea bargain or a trial. As an employer, you need to give some consideration to pending cases, but if the criminal activity would not concern you in the event of a conviction, you might ignore it. Conversely, if a conviction would disqualify the candidate, you can move on to the next applicant.
  2. Arrest without Conviction: In this case, the arrested individual was found not guilty, or the charges were dropped.
  3. Arrest with Conviction: The person has been arrested, prosecuted, and found guilty or entered a plea of guilty.

Is It Legal to Use Arrest Records?

In most cases, employers can consider arrests that occurred within the last seven years. While the Fair Credit Reporting Act (FCRA) permits employers to use arrest records as part of their hiring decision, there are some states around the country (California, for instance) that don’t allow it.

Making matters more complex are anti-discrimination laws. The Equal Employment Opportunity Commission (EEOC) cautions employers to have a good reason for denying employment based on an arrest.

Should an Employer Choose to Check Arrest Records?

Depending on the type of business you are running, you might not have an option. Financial services, banking, airlines, and several other industries require that you look at these records before making a decision to hire.

Even if your company is not one of these, you might want to check the records to determine if there is a pattern of arrests or convictions that could make the candidate unsuitable for your opening.

Related Content: How can I get access to a thorough criminal background check when hiring in Buffalo, NY?

Don’t Go It Alone

There are things that a pre-employment background screening company can do to help you. They will honor your requirements when it comes to reporting arrest records. Some organizations must see these records, while others aren’t interested.

If your company does want to see arrest records, the screening company will make it clear whether the record is for a conviction or an arrest. And they will ensure that you aren’t seeing the same case multiple times.

Metrodata Services Inc. is one of the leading pre-employment screening firms in Buffalo. We are here to make sure that you are getting accurate arrest information so you can make the best possible hiring decision.


Founded in 1997, Metrodata Services, Inc., with industry-leading background screening technology and relentless investigative services, is currently assisting over 600 organizations nationwide with cutting-edge employment screening services. Metrodata Services has a client retention rate of 99.25% and currently services the pre- and post-employment screening requirements of organizations from all industries and demographics.

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