Landlords Should Make Sure Tenant Criminal Background Checks are Comprehensive

Only convictions are displayed in a criminal report, rightly so – innocent until proven guilty.  Arrests are not listed, so beware of someone who may have recently been arrested and is now moving.  You may want to avoid someone who has a history of frequent arrests, or someone who lies on their application. Technically there are a few other items excluded from criminal reports, like expungements. Expungement (also called “expunction”) is a court-ordered processing which the legal record of an arrest or a criminal conviction is “sealed,” or erased in the eyes of the law. When a conviction is expunged, the process may also be referred to as “setting aside a criminal conviction.”  You are not allowed to factor expungements into a decision, hence they are not reported.

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