Will a Dismissed Charge Show Up on a Background Check?
The short answer is: it depends. While a dismissed charge ideally shouldn't appear on a background check, the reality is more nuanced. Several factors determine whether a dismissed charge will surface, and understanding these factors is crucial for anyone concerned about their background check results.
This article will explore the intricacies of dismissed charges and their potential appearance on background checks, addressing common questions and concerns.
What is a Dismissed Charge?
A dismissed charge means the court has officially ended the case against you without a conviction. This can happen for various reasons, including:
- Insufficient evidence: The prosecution lacked enough evidence to prove your guilt beyond a reasonable doubt.
- Prosecutorial discretion: The prosecutor may choose to dismiss the charges for reasons such as witness unavailability or a plea bargain on related charges.
- Motion to dismiss granted: Your attorney successfully argued for dismissal based on legal grounds such as procedural errors or violations of your rights.
Will a Dismissed Charge Show Up on a Background Check? The Complicated Truth
The visibility of a dismissed charge hinges on several interconnected factors:
- Type of background check: There are different types of background checks, each with varying levels of detail and data sources. A basic background check might not reveal a dismissed charge, while a more comprehensive background check (often used by employers or landlords) has a higher likelihood of uncovering it.
- Jurisdiction: Laws regarding the reporting of dismissed charges differ from state to state and even between counties within a state. Some jurisdictions may mandate reporting, while others may not.
- The database used: Background check companies utilize various databases, and their comprehensiveness and policies vary. One company might include dismissed charges, while another might not.
- Expungement or Sealing: If the court has granted expungement or sealing of the records, the dismissed charge will typically not appear. This is a legal process that removes or seals the record from public view.
How are Dismissed Charges Reported?
Even if a dismissed charge doesn't show up as a "conviction," it might still appear in different ways:
- Record of arrest: The arrest record itself might still be present, even if the charges were dismissed. This indicates an arrest occurred, but doesn't necessarily indicate guilt.
- Case disposition: Some background checks might display the case's disposition, indicating the charges were dismissed. This provides context, preventing misinterpretations.
- Incomplete or inaccurate information: Unfortunately, errors can occur in background check databases. Inaccurate or outdated information may cause dismissed charges to be improperly displayed.
What is Expungement or Sealing of Records?
Expungement and sealing are legal processes that can remove or restrict access to your criminal record. The specific requirements for expungement or sealing vary significantly by jurisdiction and the type of offense. It’s essential to consult with an attorney in your area to determine your eligibility.
What can I do if a dismissed charge appears incorrectly?
If you believe a dismissed charge is incorrectly reported on a background check, you have several options:
- Contact the background check company: Inform them of the error and provide documentation proving the dismissal.
- Dispute the information: Most background check companies have a process for disputing inaccurate information.
- Consult an attorney: An attorney can advise you on your legal options and assist with correcting inaccuracies.
In Conclusion
Whether a dismissed charge appears on a background check is not a simple yes or no. Understanding the factors involved—the type of background check, the jurisdiction, database used, and expungement/sealing—is critical. While a dismissal is generally a positive outcome, it's important to be aware that a record of the arrest or the case's disposition might still exist. If you have concerns about your background check, consulting with an attorney is always recommended.
