This is the web page of a service for landlords to screen rental applicants for criminal background history. At the bottom, one of the services is a search for *arrest/i records.
In other words, landlords who use this particular service do not believe in the presumption of innocence until proven guilty. So an arrest, even if the charges were thrown out because it became obvious that you were not guilty, can be a significant liability going forward.
Not every landlord will hold an arrest against an applicant, even if they get the information. I have been a property manager at more than one property. I received lots of information on the background checks I ran that I did not use. For example, I received information on unpaid medical bills and defaults on student loans. Both of these pieces of information were ignored when making a decision on who to rent to.
So, just because a landlord knows that someone has been arrested does not mean that the land lord will decide to not rent to an applicant.
There are a lot of situations when you will have to list arrests. Security clearances, applications for federal permits. I know several people who had their applications for foreign adoptions delayed while they had to send in more information. Usually you are fine if you reveal the arrest, but in big trouble if you don’t list it - even if it was dismissed or there was a deferred judgment.
“In other words, landlords who use this particular service do not believe in the presumption of innocence until proven guilty.”
More accurately, landlords who use this particular service [and categorically reject any applicant who is shown to have been arrested] do not believe in the presumption of innocence until proven guilty.
What is so surprising here?. Sounds like landlords are no different than anyone else.
We have pages and pages of discussion amounting to trial by social media. A headline hits, it fits a personal, or group, narrative, and it’s off to the races. The parties are guilty, and as shown in certain recent cases, can never-ever be proven innocent, no matter what the data.
An arrest record is at least a cold hard fact. The arrest happened. That’s more than what’s needed for many here to pass judgement.
Landlords and business owners are in a tough position when it comes to assessing what portions of an applicant’s background are relevant. Of course it’s important to be fair and open, to not presume guilt. On the other hand, the landlord or employer is responsible for providing a safe environment for the other tenants or employees. This isn’t exactly an area that’s black and white, there are many shades of grey here.
We could probably get consensus that a single arrest but no conviction for a minor infraction - traffic crime was an example already mentioned - should have no bearing on and represent no potential thread to a living or employment situation.
But what about a more common example - multiple arrests for domestic violence? Convictions for DV aren’t as common - especially when the victim refuses to cooperate, so there may be no felony or even misdemeanor conviction record. If you were an employee or apartment complex tenant who was injured as part of a DV dispute that blows up into a shooting and you learn that the landlord or employer knew the person involved had 4 previous arrests for DV and rented to or employed them anyway, would you be upset? Would there be a legal case for negligence there?
The resume form that pastors in our denomination must use asks if we have ever been ACCUSED of child or sexual assault. So if you want to ruin a pastor for the rest of their life it is really easy to do.
“So if you want to ruin a pastor for the rest of their life it is really easy to do.”
Only if they are applying to a church where that is an issue. You’d be surprised how often that is not the case. Just had an example of this locally - a church where they discovered that their youth choir director had a 15 year old conviction for child molestation. The previous minister was aware and felt that Christians forgive and give people second chances; he had not informed any of the other church officials or parents of the conviction. When the new minister was hired and discovered this, she fired the convicted molester and there was a near riot at the church, with a fairly substantial group (I suspect those without children, this is a big retiree area) insisting that they knew _____, that he would never do such a thing and that Christians forgive and give second chances.
So although logically you’d think a person could easily “ruin a pastor for the rest of their life” with an accusation, real life may not work that way.
We had a tenant. Bad person all around. Inherited that tenant from a previously management agency who was - in retrospect - clearly putting this type of individual into their properties. Bad person moved in bad relative. Relative ran chop shop, relative ran escorts and other stuff. Main tenant consistently missed rent payments. Numerous evictions started - to the tune of 3k-5k each. Judge kept giving tenant ‘another chance’. Finally, after YEARS of this crap we got them out.
4 weeks later - another tenant in building files lawsuit. Claims we should have notified them of these ‘bad’ people. Claims we encourage and supported a dangerous living environment. Due to the geopolitical location of this property, the insurance paid them an amount. Oh, and THAT tenant had done this to two previous landlords. And a wise landlord will not only check with an applicants prior landlord but also go back two or three levels. The last person might just be more than eager to rid themselves of a problem, thus not being very forthcoming in their assessment of the person. Two or three landlords back - and you be amazed at what truth comes to the surface.
You betcha any apps with those red flags will be put int ‘thanks but no thanks’ pile
I think ‘landlords’ are a group people just love to hate…and it’s soooooo cool to do so because it virtue signals you right into another socially cool group. Obviously landlords are all oligarchs who do evil things to the peasants.
It’s not all that hard to get arrested. Esp if you are young and naive.
My husband got arrested - for littering. He wasn’t actually littering. He was on a street corner handing out literature for his company. Some of the people who chose to take the literature then chose to throw it on the ground. They were not arrested, but my husband was. Of course, the charge didn’t stick and he left the jail a few hours later, but he does have an arrest on his record - for something that he didn’t actually do.
So I think most landlords and employers would investigate and probably not be bothered by this type of arrest. I would also include arrests for weed, public intoxication, and the like when the person was a “kid” 20 years ago. Now the guy that was arrested last nigh for selling crack – might be a different story.
I only rented to one person that had a felony conviction. It was a non violent crime committed more than 20 years prior to the rental application. The person had no issues since the conviction.
