Arrest Records vs. Conviction Records

People use "criminal record" to mean both, but they're different things. An arrest record says police took someone into custody. A conviction record says a court found them guilty. Mixing them up is how people get misjudged.

Last reviewed October 31, 2026

What happens after an arrest

After a booking, a case can go several ways:

• Released with no charges filed
• Charged, then dismissed
• Resolved through diversion or a stay of adjudication, which can end without a conviction
• Pleaded or found guilty, sometimes on a lesser charge than the arrest
• Acquitted at trial

Only the last two produce a conviction or a final verdict. That's why the charge on a jail roster often doesn't match the final outcome. Always check the court record.

How each shows up in background checks

In Minnesota, the BCA's public criminal history search shows convictions only. Arrest data without a conviction is private at the BCA.

Commercial background check companies are covered by the federal Fair Credit Reporting Act when their reports are used for jobs, housing, or credit. The FCRA generally bars them from reporting arrests that didn't lead to a conviction once they're more than seven years old. Convictions can be reported regardless of age.

Minnesota's ban-the-box law also keeps most private employers from asking about criminal history until an applicant has been selected for an interview, or until a conditional job offer if there's no interview.

If you're checking on someone

1. Treat a jail roster entry as a starting point, not an answer.
2. Look up the case in MCRO to see the actual outcome. Open cases only come up by case number, not by name.
3. Match on date of birth, not just name. Common names produce false matches constantly.

Related: Minnesota expungement and the Clean Slate Act