Dismissed cases are often a point of anxiety for someone who might have been arrested or charged but had the charges against them dropped. Criminal records and convictions often interfere with certain employment opportunities and may make the pursuit of specific careers difficult.
Our article tells you if you can expect a dismissed case to show up on a basic background check report and when you might need to inform others about any dismissed charges against you.
What Are Dismissed Cases?
Dismissed cases are those that are closed by a court or have charges dropped by the prosecution so that the charges against an individual are dropped. This means that the person involved in the case is found not guilty and is not sentenced, fined, or convicted in any way.
Dismissed cases occur for many reasons, including, but not limited to, lack of evidence or witnesses, inadmissible evidence, and technical or administrative issues.
Are Dismissed Cases Listed on Your Criminal Record?
Since dismissed cases don’t charge charges or a finding of guilt, they will not show up on your criminal record. However, any arrest that occurred before a case or lawsuit was tried in court may show up on your criminal record depending on specific state disclosure laws.
It’s important to note that in most states, employers or other formal organizations requesting access to your criminal record will not be able to see any arrests that are in your history. Only criminal convictions and cases that resulted in a guilty verdict will be accessible.
Some states do list arrest records on the public record, however. You will need to double-check with your state’s laws or inquire with a legal professional if you have questions about arrests being listed on your criminal record.
Will a Dismissed Case Show Up on Your Background Check?
Typically, a dismissed case will not show up on your background check report. Most of the reports that employers or other organizations pull will only include surface-level information like your basic personal information, education and employment history, and criminal convictions or charges. Because a dismissed case doesn’t come with convictions or charges, it won’t typically show up on your background check report.
As we mentioned above, arrests that are connected to your dismissed case might be shown, but this does depend on your state’s disclosure laws and how they treat public records. It also depends on whether or not it’s legal for employers or other organizations in your state to access these records.
In the case of more in-depth background checks, such as those completed before being awarded a position with the federal government or one working with vulnerable populations, dismissed cases might show up on your record.
You will need to check with your state’s laws surrounding dismissed cases and speak to the attorney that you worked with during the case to learn if it’s possible to remove this information from your record.
Do You Have to Declare Dismissed Cases?
On most job applications, you will be asked if you have any previous criminal charges or convictions. Because dismissed cases don’t carry charges or a guilty verdict, you will not have to declare them on these applications.
Jobs with a higher level of security or more in-depth background checks may ask about dismissed cases, but this does depend on what is legal to ask for job applicants in that specific state.
You can read more about ban-the-box laws and speak with a legal professional that specializes in employment law to learn what you are legally obligated to disclose when it comes to criminal convictions and dismissed cases.
What to Do if Your Dismissed Cases Show Up on a Background Check
If your dismissed case does somehow show up on your background check report, the best thing you can do is be proactive. The person or organization accessing your report will most likely ask you for an explanation of the dismissed case, and it’s important to give a cohesive answer that explains the case and its dismissal.
You may want to speak with the attorney that you worked with on the dismissed case to learn more about what you should disclose to employers or gain a copy of any information they submitted to the court to help you get the case dismissed.
In most cases, a proper explanation, honesty, and being up-front when asked about a dismissed case are key to putting employers or organizations at ease. Once you explain the circumstances around your dismissed case, most individuals will not have a problem with this item on your record. However, this does depend on the company you are applying for and the type of career you are pursuing.
Speak with your attorney and check the hiring policies of the company you wish to work with to make sure you are totally informed of what to do if your dismissed case does show up on a background check report.
How to Stay Informed of Your Background Report
Staying informed of your own background check report can help you be prepared for employers to ask questions about dismissed cases if they show up.
Run a background check on yourself using an online tool and then review the information disclosed in your report. From there, you can take steps to have information about you corrected, reach out to an attorney about removing dismissed cases from your record when possible, and prepare any explanations or gather evidence about your dismissed case to keep on hand.
