Warm weather. Barton Springs. Margaritas on a patio. For many, this idyllic combo means one thing: dating season is in full bloom.
We all know that Austin is a fun place for singles – in fact, just this year, Austin was ranked as the #1 city for dating in the United States – but is this true for everybody?
In today’s technology-centric world, most people meet online through dating apps, such as Tinder or Bumble. However, many of these apps ban people with felony convictions from using their services. This includes nonviolent felony convictions, such as possession of controlled substances. That means that millions of people are left out of participating in the dating scene, even if they’ve already completed their criminal sentence.
And what about people with misdemeanor convictions or arrest records that didn’t result in a conviction? While right now they are not banned from using dating apps, soon their information could be disclosed to other users, with or without their consent. We’ll explain further below.
At Chris Perri Law, a criminal defense law firm based in Austin, we’ve witnessed the countless ways that having a criminal record can hold someone back. Those with felony convictions often struggle to find jobs and housing, but what many may not know is they also often struggle to date.
In this article, we’ll walk you through everything you need to know about having a criminal record and dating online.
Written by Chris Perri Law
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Tinder’s Policy as of May 2022
As it stands, Tinder and most other major dating apps don’t run background checks on prospective daters. However, they do ask new users to attest that they’ve never been convicted of a felony. Often, the language is buried in the terms of a service agreement, and the regulation of this rule can be spotty.
However, if someone reports that you have a felony conviction, or if the app learns of your conviction in another way, then you will likely be banned. This is what happened to Jason Hernandez. The ban never expires and doesn’t provide exceptions for nonviolent felonies. That means a drug conviction from twenty years ago could keep you from dating online, for life.
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Background Checks on Demand: Coming Soon
According to Tinder, sometime in 2022 the app plans to launch a partnership with Garbo, a non-profit background check platform. Tinder will provide each user with two free background checks to be run on any other users of their choice. You will also be able to purchase additional background checks at $2.50 per search.
The background checks will show:
- Misdemeanor and felony arrest records (unless they’ve been expunged or sealed)
- Misdemeanor and felony convictions
- Sex offender registration status
It will exclude nonviolent drug crimes, loitering, and minor traffic tickets, but show DWIs and all other offenses.
While some believe this service will improve dating safety, others worry it could lead to a false sense of security and further biases. There is also concern that this policy may defy the constitutional principle of “innocent until proven guilty” by including arrest records that didn’t result in convictions.
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I Have a Criminal Record and Want to Date Online – What Should I Do?
Millions of people have a criminal record. If you are one of them and want to date, know that you’re not alone. Just because you have a criminal history doesn’t mean that all options are off the table. Below, we offer some suggestions for dating online with a criminal record.
Find Out if Record Sealing Is Available To You
If you have a criminal record, talk to an Austin criminal defense attorney to see if you are eligible for any record sealing opportunities, such as an expungement or non-disclosure order.
If you were arrested for a crime that resulted in a not guilty verdict or case dismissal, then you are likely eligible for an expungement. Expungements, often called expunctions, essentially erase your arrest record. That means the charge won’t show up on any background checks and won’t even be visible to the police or prosecution should you get arrested again.
Non-disclosure orders, while not as powerful as expungements, can still improve your situation, as they seal criminal records from public viewing, including from private companies such as Garbo. To be eligible for a non-disclosure order, you must meet the following criteria:
- This must be your first and only arrest
- The charge must be at the misdemeanor level (and still there are some exclusions)
- The case resulted in a deferred adjudication or conviction
Seek Out Online Dating Platforms that Don’t Penalize Those with Criminal Records
While the predominant dating apps, such as Tinder, eHarmony, and Match, all exclude those with felonies, there are some online dating services that do not, such as Facebook Dating and Grindr.
Keep in mind, however, that nobody knows how many dating platforms will begin to provide background check services such as Garbo, so do your research before you sign up (especially if the dating app requires a fee).
Also, remember that not everyone will judge you for your criminal past, should they see it. You might be surprised how many people have been arrested for DWI in Austin.
Be Upfront and Honest – Earlier Than Later
In general, people appreciate honesty. While it’s understandable that you might not want to post your criminal history on your public profile, once you start building a connection with someone, be upfront about your past. This will help establish trust and potentially strengthen the relationship.
Try to Overturn Your Criminal Conviction
For many with criminal convictions, especially felonies, dating may be the least of your problems. If you feel your conviction was wrongful and that it’s impairing your life, it may be worth reaching out to an attorney who focuses on post-conviction criminal defense. At Chris Perri Law, we’ve helped clients overturn wrongful convictions, usually through a legal procedure called a writ of habeas corpus.
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Prevention Is the Best Strategy of All
If you find yourself charged with a criminal offense in Austin, the most important step you can take is to hire a capable criminal defense lawyer. A skilled attorney will offer guidance on the best strategies to avoid a conviction, especially at the felony level, and help protect all aspects of your future – including your dating life.
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If you or someone you know needs to speak with an Austin criminal defense attorney about a recent arrest or their criminal record, call Chris Perri Law at (512) 269-0260 or visit www.chrisperrilaw.com today.
