What Is an Arrest Record?
An arrest record is an official file created when someone is taken into police custody. It’s not the same as a criminal conviction, but it can still affect your criminal history. In most cases, arrest records include personal details, the date of arrest, the alleged crime, and any charges filed.
Difference Between an Arrest and a Conviction
| Arrest |
Conviction |
| You were taken into custody but may not have been charged. |
You were found guilty in court after a trial or guilty plea. |
| Does not mean you committed a crime. |
Means the court decided you committed the crime. |
| May still appear on background checks. |
Will always appear unless expunged or sealed. |
Information Typically Included in an Arrest Record
- Full name and identifying details
- Date and location of the arrest
- Charges or suspected crime
- Name of the officer or agency involved
- Fingerprints and booking photo
- Court case number and related records if charges were filed
Agencies That Maintain Arrest Records
- Local police departments
- County sheriff’s offices
- State justice departments
- The FBI (for national database access)
- Courts and prosecutors may also store related records
Does Every Arrest Go on Your Record?
In most cases, the answer is yes. When you are taken into custody, a file is created and shared with multiple criminal justice agencies. Even if no charges are filed, or you are later found not guilty, the arrest record itself may still exist unless you take steps to remove it.
Many people don’t realize that even a short police encounter can lead to lasting issues with their criminal history if it’s not addressed properly.
When and How Arrests Are Recorded
An arrest is usually recorded the moment police officers take someone into custody. The process includes collecting the person’s fingerprints, taking a booking photo, and entering the incident into local and state databases.
If the arrested person is sent to court, those records can also be linked with the court system. Even if the case never proceeds, the criminal record may remain unless expunged.
Impact of Being Released Without Charges
Some people believe that if they are released without charges, the arrest disappears, but that’s not always true. The fact that you were arrested may still show up during a background check. While there is no conviction record, your name, booking details, and the alleged offense could still be accessed by employers, housing providers, or licensing boards.
To clear it, you may need to request expungement under California Penal Code § 851.8, which allows you to ask the court to declare that the arrest never occurred if no charges were filed.
Who Can See Your Arrest Record?
Many people are surprised by how far arrest records can reach. Even if you were never convicted, the file may be seen by others, especially during background searches. The level of access depends on the type of check and who is requesting the information.
Understanding who can view your criminal record is important if you’re trying to move forward after an arrest.
Law Enforcement Agencies
Police departments, sheriff’s offices, and other criminal justice agencies can access your full criminal history, including arrest records and information on whether charges were filed. These agencies use this information to assess risk, investigate future incidents, or make decisions about detaining a suspect.
The records are shared between local, state, and federal agencies, meaning an arrest in California can be seen by law enforcement across the country.
Employers and Background Check Companies
Most private employers rely on background check companies to screen job applicants. While state law may limit what they can use in hiring decisions, many arrest records still appear in these reports. This can hurt your chances of getting hired, especially for most jobs that involve trust, safety, or working with sensitive information.
Even without a conviction, an arrest record can create concerns for hiring managers who don’t fully understand the situation.
Licensing Boards and Government Agencies
If you’re applying for a state license (such as for nursing, law, or teaching), regulatory boards will likely check your criminal history. These agencies can see arrest records, especially if they involve felony charges, violence, or actions that may raise questions about your conduct.
In some cases, even an old misdemeanor arrest may raise red flags unless you explain or remove it. Some government agencies also require fingerprint-based checks, which provide more detailed information than standard name-based background checks.
Will This Arrest Show Up on a Background Check?
Many people are surprised to learn that even if they were never convicted, an arrest record can still appear when someone runs a background check. Whether the record appears often depends on the thoroughness of the check and who is requesting the information.
Some checks only search for conviction records, while others also include criminal history from arrests, even if the case was never tried. Knowing what kind of check is being done helps you understand how your criminal record might affect your future.
Depends on the Type of Background Check
Not all background checks are the same. Some only show convictions, while others include everything, such as arrest records, pending criminal charges, or even cases where the prosecutor declined to move forward.
Checks done by law enforcement or government agencies are often more detailed and may include older or sealed information. A standard check might not show dismissed arrests, but a fingerprint-based check often will. It’s important to remember that once your criminal history is on file, it can show up unless it’s legally expunged or sealed.
Private Employers vs. Government Employers
| Private Employers |
Government Employers |
| Usually rely on third-party background check companies. |
Often run detailed fingerprint-based searches through law enforcement databases. |
| May only see convictions, not arrests. |
Can see both arrest records and conviction records, even if the charges were dropped. |
| Might deny a job offer if the record seems concerning. |
Might disqualify applicants based on a full criminal history, even without a conviction. |
| Must follow state and federal laws about what they can use in hiring decisions. |
Government jobs, especially those with security clearance or licensing needs, can have stricter rules. |
What Happens If Charges Were Dropped or Dismissed
Even if charges were dropped or the case was dismissed, the arrest itself can remain on your record. That means it may still appear in a background check, especially in more thorough searches. Some employers may not understand the difference between being arrested and being found guilty, which can lead to unfair assumptions.
You have the right to explain the situation and, in many cases, can request that the record be expunged so it no longer appears. Under California Penal Code § 851.8, if no criminal charges were filed or if the case ended in your favor, you may be able to clear the record completely by filing a petition with the court.
How Long Does an Arrest Stay on Your Record?
An arrest can stay on your criminal record for life, even if you were never convicted of a crime. Unless you take legal steps to remove it, that arrest may continue to appear during background checks, job screenings, or government reviews.
Many people are surprised to learn that even charges that were dropped or dismissed may still show up in their criminal history.
Differences Between Juvenile and Adult Arrest Records
In most states, juvenile arrest records are treated differently than adult records. Juvenile cases are often sealed automatically or after you reach a certain age. This means they usually won’t appear in background checks done by employers.
However, adult arrest records remain unless you file a request to have them removed. Some state laws protect juvenile information more strictly, but adults typically must undergo a formal legal process to clear their records.
Arrests Without Conviction Still Appear Unless Expunged
Even if you were never found guilty, an arrest can still be part of your official criminal history. This is true whether your case was dismissed, dropped by the prosecution, or ended with a not guilty verdict at trial.
If you want that record to disappear from public view, you usually have to file for expungement. Without it, your record may still be visible to police, courts, and even employers.
Can You Remove an Arrest From Your Record?
Yes, you can often remove an arrest record, but only by going through a formal legal process. This can include expungement or record sealing, depending on the laws in your jurisdiction.
If you’re eligible, removing the record can help protect your future, especially when applying for jobs, licenses, or housing.
Expungement vs. Record Sealing
| Expungement |
Record Sealing |
| Legally clears the arrest from your criminal record as if it never happened. |
Hides the record from most public view but does not erase it. |
| Employers, landlords, and others won’t see the arrest in most cases. |
Still visible to law enforcement and some government agencies. |
| You must meet specific rules depending on your state’s laws. |
Often available for juvenile records or low-level misdemeanors. |
Eligibility Requirements in Most States
To be eligible for expungement, most states require that your case end in your favor. This could mean the charges were dropped, you were acquitted, or you completed a diversion program. Some states also allow expungement after a waiting period if you were convicted of a low-level misdemeanor.
Serious felony convictions usually do not qualify. You cannot have current criminal charges or recent convictions on your record if you want to apply.
Filing a Petition for Expungement
The first step is to file a petition with the court where the arrest occurred. This petition asks a judge to remove the record from public access. You’ll need to include your case number, the date of the arrest, and proof that you qualify.
Once filed, there may be a court hearing, and the judge will decide whether to grant or deny your request. Working with an experienced criminal defense lawyer can help ensure everything is done correctly and that your rights are protected throughout the process.
FAQs
Getting arrested is stressful. Whether or not you are charged, the record of your arrest can follow you. Many people wonder if the arrest will stay on their record and whether it will show up in background checks later on. These are serious concerns, especially for those applying for jobs, housing, or professional licenses.
If you’ve been arrested and are unsure how it may affect your future, the legal team at 