Joseph A. Lombardo
It is impossible to ignore outstanding warrants since they never expire. Many people do not even realize they have outstanding warrants, and they only find out through a background check.
If you have outstanding warrants in New Jersey, it is possible, but not guaranteed, that those warrants will show up in a background check. Whether the warrants show up depends on what kind of background check is being run and who is running it. If warrants are discovered, they might be used against you in certain circumstances. You can find out if you have warrants by contacting a lawyer and having them reach out to courts and law enforcement. If you have outstanding warrants, a lawyer can help you clear them before they are executed.
Our Atlantic City expungement attorneys can help you clear outstanding warrants and clean up your criminal record. Call the Lombardo Law Group, LLC at (609) 418-4537 and ask about a free case evaluation.
Does a Warrant Show Up in Background Checks in New Jersey?
Sometimes outstanding warrants appear in background checks, but other times they do not. Whether your outstanding warrants show up in a background check depends on what kind of search or check is conducted. It also depends on who is running the check and what they are looking for. If you need something removed from your record so it does not appear in a background check, our Atlantic City personal injury attorneys can help.
There are different kinds of background checks that look for different things. In many cases, the person requesting the background check, like a potential employer or landlord, hires a third party to perform the check. Often, the third party will ask what is being searched for so they can set parameters for the background check.
Often, people will limit background checks to specific criteria. For example, a potential employer might only be looking for convictions. A warrant would not show up in that case. However, if that potential employer is a government agency, a more thorough check might be ordered, and things like warrants might show up.
Our Haddonfield personal injury attorneys can help you determine if you have any outstanding warrants or other records that can be cleared away.
Can Outstanding Warrants Be Used Against Me After a New Jersey Background Check?
The consequences of outstanding warrants showing up in your background check depend largely on the preferences of the person who ordered the check. Potential employers may have strict hiring policies regarding candidates with criminal backgrounds. Landlords are more restricted under New Jersey’s Fair Chance in Housing Act. Our Egg Harbor Township criminal defense attorneys can help you clear warrants so they do not become a problem during background checks in the future.
Job Interviews and Background Checks
While employers may consider an applicant’s criminal background when making hiring decisions, they are prohibited from asking about the applicant’s criminal background until after the initial interview. According to N.J.S.A. § 34:6b-14(a), employers may not make any inquiries, including background checks, into an applicant’s criminal history during the initial application process. If a potential employer orders a background, they will likely not do so until after the interview process is complete.
This is good because it allows candidates with criminal histories to at least get interviews and prove themselves to potential employers. Unfortunately, if a warrant shows up in your background check, the employer might reconsider you as a potential employee. Ultimately, it boils down to the employer’s preferences and whether an outstanding warrant prevents you from doing the job.
Renting an Apartment and Background Checks
Similar to the restriction above for potential employers, landlords are prohibited from making inquiries into your criminal history, including background checks that might turn up warrants, until after they have made a conditional offer to rent. According to the Fair Chance in Housing Act (FCHA), landlords face numerous restrictions regarding background checks and when they can deny an applicant.
In short, a landlord can only consider specific criteria when reviewing a background check of your criminal record. Landlords can only consider certain convictions and nothing else. An outstanding warrant is not a conviction and cannot be considered even if the landlord sees it in a background check.
How Do I Know If I Have Outstanding Warrants Before a Background Check in New Jersey?
Not everybody is aware they have outstanding warrants. In many cases, warrants are issued for very minimal offenses, and people do not even know about the warrants until their next encounter with the police. For example, a bench warrant could be issued for someone’s arrest because they forgot to pay a traffic ticket.
Our Mays Landing criminal defense attorneys can help you find out if you have any outstanding warrants by reaching out to the appropriate courts and law enforcement agencies. We can contact the court and inquire about any outstanding bench warrants in many cases. If you have any, we can help schedule a hearing to take care of the matter and get the warrant cleared.
We can also contact the police about any possible outstanding warrants. It is important to handle the situation carefully, as the police might be keen to execute the warrant and arrest you. While a cleared warrant does not appear in background checks, an arrest might.
You should speak to an attorney before attempting to clear any outstanding warrants. If the warrants end up being executed, you might need a lawyer to help protect your rights and fight possible criminal charges.
Other aspects of your criminal record may need to be expunged in order to keep them out of background checks. In that case, our Vineland, NJ expungement lawyers can assist you.
Call Our New Jersey Criminal Defense Attorneys for Help with Outstanding Warrants
Our Hammonton, NJ expungement attorneys can help you work to clear any outstanding warrants before you are subject to a background check. If the warrant leads to criminal charges, we can help you protect yourself. Call the Lombardo Law Group, LLC at (609) 418-4537 and ask about a free case review.
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