when to disclose arrest?

New schnoz
Dec 19, 2018 26 Comments

I was arrested for a violent crime a few years ago and acquitted. Long story short I defended myself, was able to prove it, and was found not guilty.

I have an offer forthcoming, and I want to disclose the arrest prior to the background check. Before anyone says expunge, of course I tried.

Should I disclose it before accepting the offer? Or afterward? It’s a small company, and should I disclose to the hiring manager or to HR?

Thanks.

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TOP 26 Comments
  • Cisco kfnw2x
    You don’t have to disclose if you weren’t convicted
    Dec 19, 2018 6
    • New schnoz
      OP
      You sure? The arrest he showed up on previous background checks. One company rescinded their offer because they would be liable if I committed an act of violence in their workplace.
      Dec 19, 2018
    • Cisco kfnw2x
      I’m pretty sure it’s illegal for them to rescind an offer on an arrest you weren’t convicted.

      Like I could call the police right now and lie by saying you hurt me. When you get arrested, it will show up although you did nothing wrong (and didn’t get convicted). Anyone can get arrested for anything.
      Dec 19, 2018
    • Cisco kfnw2x
      Being arrested is very different than being convicted.
      Dec 19, 2018
    • Oath Atinlay
      If it’s a violent crime. It’s going to turn up.
      Dec 19, 2018
    • New DvVM00
      it’s not illegal. you can rescind for any reason (not discriminatory) in the US. an offer
      to hire is not a contract.
      Jan 5
    • OpenTable Meliodas
      Rescinding an offer because of an arrest without a conviction is discriminatory and unlawful in California.
      Jan 5
  • Uber kisht
    Tell it at the start of every interview to display confidence: I have been arrested and got away with it.
    Dec 19, 2018 2
    • Google hfvE31
      Seconded. Demonstrate your willingness AND ability to go above and beyond for the job, laws be damned
      Dec 19, 2018
    • Amazon Mike Cohen
      Sounds like a great opening statement for an Uber cover letter.
      Dec 19, 2018
  • OpenTable Meliodas
    Criminal Records That Employers May Never Consider

    In California, certain types of criminal records are off limits for employers. Employers may not ask about or consider the following at any time during the hiring or employment process:

    Arrest records. Employers may not ask an applicant about prior arrests that did not lead to convictions or seek or use records related to such arrests.

    https://www.nolo.com/legal-encyclopedia/california-laws-employer-use-arrest-conviction-records.html

    You might want to talk to an employment lawyer about how to answer or their response. There could be some unlawful business practices.
    Dec 19, 2018 0
  • Procore LaRaza
    Don’t disclose it. They will for sure pass on you. Make them make an offer then you can bring it up
    Dec 19, 2018 0
  • Jet.com OWUh10
    1: if you were not convicted it will not show up. 2: I recommend you do your own background check just to be on the safe side. You might not find anything at all and most background checks are free. 3: if you were charged and its a violent crime then they will not proceed with hiring you. As an HR professional, if your background comes back bad then tell the hiring manager.
    Dec 25, 2018 5
    • Cisco baby jesus
      An arrest record will show up but you should be able to get it expunged if you weren’t convinced. IDK why the OP can’t.

      Anyways companies won’t reject you on an arrest record. That’s illegal. Anyone can be arrested without proof.
      Dec 25, 2018
    • Uber kisht
      Any good links for free background checks?
      Dec 26, 2018
    • Cisco baby jesus
      Apply for Uber lol
      Dec 26, 2018
    • Uber kisht
      Huh?
      Dec 26, 2018
    • Amazon hahahah1
      But what if different background check company use different standard? Some check arrest while some not. So self-check will be really useful? Because you don’t know which background check company the employer will use.
      May 6
  • Amazon Cmcbcxchvc
    Can you run the background check yourself to see if it comes up so you know for sure?

    If it is going to come up, personally I would tell HR and preface it by saying ‘hey just in case it comes up I was wrongfully arrested in xx years ago and beat the convection. I don’t think it’ll be on my record but just want to forewarn you in case it comes up.
    Dec 19, 2018 0
  • Oath Atinlay
    You again?
    Dec 19, 2018 1
  • New DvVM00
    say nothing. an arrest is not reportable
    Jan 5 0
  • You said you”tried” to expunge? If you were acquitted, there would be nothing to expunge right?

    If you’re fairly certain you’ll be found out, I do think it’s good to offer an explanation. Otherwise it puts HR in a position to make decision based on what they read, and they might not dig further to see the acquittal. Honesty goes a very long way, and if they still hire you it’s a good sign of mutual trust.
    Mar 14 0
  • Apple XOfK47
    Something isn't right. Background checks can only find your conviction records, not your arrest records. At least in the state of California. I'd do your own background check and try to find out what is said about you and if it's incorrect, get it corrected.

    I wouldn't disclose anything under any circumstances unless there was a conviction. I think even that can only be on your background check for 10 years in California, it's to prevent people who stay out of trouble from being shunned for life.
    Jan 9 0
  • New OOBDC
    Depends on the state. In almost all cases arrests don't need to be disclosed. And, in many cases/states, convictions don't need to be disclosed until/unless an offer is presented. All info required for public records disclosures must be completed on a form separate from an employment application (either online or in hard copy). Having reviewed hundreds of the resulting reports, depwnding on the vendor used to conduct these checks, the reports can be hard to read and interpret. So be prepared with your explanation. Under the Fair Credit Reporting Act, any adverse employment action taken as the result of an employment records check must be diaclosed to you and you are entitled to a copt of the report that resulted in the adverse decision. That report will be provided by the company who did the work, not the employer. Hope this helps.
    Jan 8 0
  • F5 Networks Op64em
    Not sure why you think you need to tell anyone if there's nothing on your record.
    Dec 19, 2018 0