Does one have a criminal record if arrested, finger printed but NOT...

Does one have a criminal record if arrested, finger printed but NOT convicted; ie. judge dismissed charge?

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And secondly, if an employer does a police check is this info available after 10 years?

9 COMMENTS

  1. If you were acquitted then no, you have no criminal record. You have to be found guilty of a crime to have a criminal record.

  2. If you were charged in error, you shouldn’t have any record. I think they just look for convictions, not arrests. The question on an application is usually worded as, "Have you ever been convicted of a crime." or "felony".

  3. There is an arrest record and a finger print record, but a person is innocent until proven guilty, so no criminal record. The only time this might show up is on a government security background check, since some of the forms ask about arrest records, but in that case, you would be given a chance to explain what happened.

  4. a background check will not show this arrest since you were not convicted. most employment apps ask if you were convicted of a crime and not arrested.

  5. Sharon, as far as criminal record..NO .. If ou were never convicted of a crime then you cannot have a record, However, your arrest record and your criminal record are not the same thing…even if you have no coviction your arrest history is still available…usually only to sworn law enforcement and it doesnt matter how long ago it was…we will know..

    As far as your employer check goes … when employers run criminal history checks its strictly for your prior coviction history..your previous arrests are not given .. or shouldnt be anyway..

  6. You have your answer already, but it is NOT true that "a person is innocent until proven guilty." That maxim applies ONLY during the trial itself; otherwise, there would be no legal right to arrest and hold someone pending trial.

    If you should have to answer a question worded like: "Have you ever been arrested for a crime?" write out "I have never been convicted of a crime."

  7. If you weren’t found guilty then you won’t have a criminal record, so obviously any check by an employer will come back with nothing.

    In the U.K. all people dealt with, innocent or guilty, have their DNA entered on a national register but that is only accessible to the police.

  8. In NC, if I charge you with a crime today; if you go pull your criminal history say in a month, the criminal history will show the charge but will say that the charge is pending. If you were found not guilty, it will show the charge and say, not guilty, so on and so forth. Go to your couty seat courthouse and pull your criminal history. It might cost you about 5-10 bucks.

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