Q & A Session – Background Checks


Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.


If you were eventually charged with a DWI and then had the charges dismissed, should you declare this in a background check as an arrest? If you were eventually charged with a DWI, then were found innocent by jury, should you declare this in a background check as an arrest?


The answer to both questions is yes if the background investigation questionnaire asks for arrests and not just convictions. The same requirement to disclose applies to expungements.

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.


About Author

Leave A Reply