An arrest can be scary when it happens, but after it is over, you might be let go on bail and able to address the rest of the process of your case with a criminal defense lawyer. In many cases, the charges might even be dropped, or you might be able to negotiate a plea that ends with community service or a fine. But what about the record of the arrest? What happens to it?
Often, an arrest will appear on your record and stay there as long as the case is ongoing. There are processes that can get an arrest removed from your record if the case is dropped or dismissed, and this might even happen automatically. However, if you are convicted, the crime and the arrest will both be on your record, and you need to take additional steps to get those convictions removed – if it is possible in the first place.
For a free case review, call the NJ criminal defense lawyers at the Law Offices of John J. Zarych today at (609) 616-4956.
When Arrests Appear on Your Record in NJ
Your “record” – whether you call it your public record, your arrest record, or your criminal history – shows what crimes you have been charged with and what crimes you have been convicted of. Arrests often stay on your record until something happens – and then they either become permanent or are removed.
Your arrest will appear as part of your record soon after it happens. There might be a delay based on clerical issues, but expect that an arrest could appear on your record the day of or the day after it happens.
If you were released from police custody, that does not always mean the arrest record goes away. Police and prosecutors need to charge you with the crime by formally entering the charges on the record and informing you about them during an arraignment. After your arraignment, bail will be decided, and you will likely be released on your own recognizance (“ROR” bail), but the case against you is still pending. In these instances, the arrest stays on your record for now.
If you were arrested but the police find they do not have enough evidence to charge you, then you should be released, and the record should be removed. If it is not removed automatically, our NJ criminal defense lawyers can help you clear the arrest from your record and restore your clean record.
If you were eventually convicted of the offense you were arrested for, not only will the arrest be on your record, but so will the conviction. That is much worse, so it is important to work with a lawyer as soon as you are arrested to try to prevent a conviction in the first place.
Do Arrests Show Up On Background Checks in NJ?
Anything on your criminal record can show up on a background check/criminal history report, but what will show up often depends on what specifically the person running the check is looking for. Sometimes, they might not enter a search for arrests, so arrests simply won’t come up as part of the search.
Innocent Until Proven Guilty
When an employer, a bank, a college, or some other entity runs a background check on you, they usually are looking only for convictions. In New Jersey – and throughout the country – we adhere to the principle that everyone is innocent until they are proven guilty. This means that an arrest isn’t really proof that you did anything wrong, and so many organizations and entities do not bother looking for arrests; they only care about convictions.
Scope of Checks
Moreover, many background checks will not look for convictions unless they involve felony offenses. In NJ, we call felonies “indictable crimes.” These are more severe offenses resulting in potential prison time over 1 year, and they are often important to people running background checks.
Contrast this with misdemeanors – called “disorderly persons offenses” in NJ – which involve 6 months max in NJ. In NJ, we also have petty disorderly persons offenses and municipal ordinance violations, which are akin to non-traffic traffic tickets for minor conduct like disorderly conduct or noise violations.
None of these other offenses usually appear on background checks, so neither would an arrest for these offenses. In fact, police sometimes issue citations alone, with no actual arrest taking place for these offenses in the first place.
Some checks look for crimes with specific attributes – like violent crimes or crimes involving children – in which case all offenses might show up if they meet the right attributes.
Searches for Arrest Records and Court Records
Just because arrests don’t usually show up on background checks doesn’t mean they can’t show up. Some background checks go deeper and involve court records searches as well, which might include a search for arrests and any other stages of cases pending before the court. Moreover, if the police are investigating you for a crime, they likely want to see your “arrest record” specifically rather than just a record of convictions.
Do Warrants for Arrest Show Up On Your Record in NJ?
If there is a warrant out for you, you might not know about it. Warrants come in two major types, and the considerations are different for each one.
Types of Warrants
First, criminal arrest warrants are usually issued when the police find probable cause to arrest you for a crime they think you committed. Usually with these, there is no time to run a search for these warrants; police execute these warrants quickly and without warning. Sometimes, they might give you time to turn yourself in if you already have counsel and have been cooperating with the investigation. Once entered, the arrest warrant might be on a court records check or arrest record check, but likely not other background checks looking only for convictions.
Second, bench warrants are issued for failure to appear at a court date. These allow the police to arrest you whenever they encounter you – such as during a traffic stop – and take you back to court to address the original charges.
How Warrants for Arrest Show Up on Records Checks
If you want to look up whether you have a warrant, running a background check on yourself likely is not the best way to do so. Our attorneys can help you search for warrants and help you deal with them if you have a pending bench warrant or you think you might be arrested for a crime.
Bench warrants usually show up on warrant checks, specifically. Police often run these during traffic stops and other official encounters with citizens. Bench warrants might also appear when performing a check of your arrest record or court record, especially for checks performed by law enforcement.
Call Our Criminal Defense Lawyers in NJ Today
For help handling charges, dealing with a warrant, or expunging your arrest, call (609) 616-4956 for a free case assessment with the NJ criminal defense attorneys at the Law Offices of John J. Zarych.
