An arrest report is a record of a law enforcement agency of an arrest and of any related detention or confinement incident together with the connected charge. It is common for people to read and find out about arrests in newspapers that cover police reports.
IF you intend to run a background check or search criminal records for the purpose of employment you have to know that employers should not use arrest records to exclude people from employment. The federal Equal Employment Opportunity Commission has consistently held that the use of arrest records as an absolute bar to employment discriminates against some protected groups. The EEOC has also held that an arrest record can only raise a suspicion that the employee has committed the conduct; the employer must investigate further and conclude that the person actually committed the crime, even if the person was not convicted. Because we want to protect our employer customers, who generally do not have the resources to carry out such an investigation, backgroundchecks.com has decided not to store arrest records in our real-time database we use for instant searches.
Other regulations and laws relating to the use of arrest records for employment purposes might apply at the state level. California based employers for example can ask about convictions if they relate to the job, unless the convictions have been sealed, expunged, or statutorily eradicated. But employers in this state cannot ask about arrests. But if the arrest resulted in a conviction, or if the applicant is out of jail but pending trial, that information could show up in our background check reports.
Hence, if your intent is to verify or find out if somebody that got arrested was also charged and or convicted, you can run a search through backgroundchecks.com for that information and use it for employment decisions. Our records will indicate if somebody appeared before a judge and was indicted, charged, tried, and sentenced.
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