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.
Q:
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?
A:
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.
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