questions & answers

Question: Four years ago I was arrested for a misdemeanor NSF check charge. I paid the check, no conviction was entered, the case was dismissed. However, the arrest still appears on my record. Is it possible to get this arrest record expunged? I am applying for a federal job that requires a criminal background check and would love to not have this arrest appear on my record.

Answer:

An arrest and a conviction are two very separate things. Generally, arrests are not expunged.  (Just because the case was dismissed does not negate the fact that at some point there was probable cause to effect the arrest).  You may want to check with the jurisdiction where the arrest occurred for further information and/or clarification.

If the subject of an arrest fails to list the arrest in the job application, when the information is specifically requested, then that can be seen as an omission that may lead to a rejection or a later termination for making a false statement on the application.