Have you found yourself in a situation where you were arrested but not convicted?
The burning question in your mind may be whether that arrest will appear on your criminal background check.
The answer is: It depends. In many cases, an arrest can indeed show up on your record, however, there are 3 common situations that may dictate whether the arrest itself shows up on your record.
In Texas, when conducting a background check for employment, it’s important to note that pending criminal charges may appear on the report.
This means that if an applicant has any ongoing criminal cases, they might be visible to potential employers.
In addition to pending charges, a criminal history report typically includes information such as the offense date and the type of offense committed.
Below, the San Antonio criminal defense lawyers at Austin Hagee Law Firm will explain what will show up on your criminal record after committing a crime or receiving a citation.
If you have questions, please contact us today.
Being Arrested for a Crime
If you were arrested for a crime, taken into your local sheriff’s office or jail, and you were processed by a magistrate judge and had to post a bond to get out of jail, then the answer is, YES.
This will show up on your criminal history or a background check as a formal arrest. However, this is NOT a conviction, and it should not be treated as a conviction by the government or by an employer.
This is just an arrest record. There are a couple of ways that this can be removed from your record later on, but that will take place after you have resolved your case.
To be clear, if you were arrested, processed by a magistrate judge and posted a bond, you will have the arrest on your record, but it’s important to understand that this is not a conviction.
Receiving a Citation from Law Enforcement
You received a citation from a law enforcement officer for a Class C misdemeanor, and you were not arrested at the time.
In this situation, if you were not arrested and didn’t post a bond, while the ticket is pending, it will likely not show up on your criminal record and will only be in the record of the court where your ticket is located.
It is very important that you did not get arrested at the time of receiving the Class C citation.
If you are able to successfully keep the ticket from becoming a conviction for a misdemeanor class C, you will likely be able to avoid anything ever sticking on your criminal record.
Charged With a Crime But Not Arrested
You may have been charged with a misdemeanor class B or higher, but were not arrested at the time of the charge.
This is a unique situation that happens in instances where somebody received what’s called a “notice to appear” by a sheriff’s office for certain types of offenses.
This might be a case like possession of marijuana, theft more than $100 but less than $750, or even charges for smuggling of a person.
The reason you may have received a notice to appear, instead of being arrested, is to avoid a bottleneck at the magistrate’s office for a common charge.
Most of the time, these cases will not appear on your criminal record until a formal bond is posted, and the individual is processed by a magistrate judge.
In Texas, it may take more than 6 months after the citation date or notice to appear is issued to be arrested and have a bond set by a magistrate judge, due to the high volume of these types of cases in some counties.
In general, the easiest way to know if something will show up on your criminal record is to think about whether you had a bond set by a magistrate judge and posted a bond.
If this happens, you will likely have an arrest on your criminal record. If this didn’t happen, you likely do not have anything on your record yet, but it would be best to contact a criminal defense lawyer to take a look, so you can know what’s there.
It’s important to understand some of the different scenarios that can arise after a criminal charge and what might be on your criminal record while your case is still being resolved.
Get in Contact With a San Antonio Criminal Defense Attorney Today
If you are fighting a criminal charge, or wondering if you can get your criminal record expunged, you need an experienced criminal defense attorney.
A lawyer can help you navigate the legal system, contact the Austin Hagee Law Firm for a case evaluation and start getting your life back on track today.