If Charges Are Dismissed Does It Show Up On a Background Check: Expert Answers
Cindy Ellis - July 31, 2023
Millions of companies in the United States have background checks as part of the interview process. Background checks may include basic public record searches that verify identity but they can also check someone’s criminal record.
While criminal records are created when you’re convicted of a crime, what happens when your charges are dismissed? Understanding how dismissed charges will appear on a background check can put you ahead of any information that you weren’t expecting to surface during an interview.
To get to the bottom of dismissed charges appearing on background checks we have to cover a few things. This includes what a background check consists of, the type of information that comes on it, and how dismissed charges work. Plus, it’s possible to run a quick background check on yourself that will help you prepare for your next interview.
Let’s get into it.
What Is a Background Check?
Background checks verify someone’s public records to make sure they are who they say they are. Many background checks look through someone’s criminal records, education history, and work experience.
There are also background checks that look for specific records like credit checks and driving record checks. These background checks are less common, typically about working with money or having to drive a vehicle for work.
Who Uses Background Checks?
Background checks have a handful of applications. There are background checks for employment, purchasing a gun, or renting property.
Depending on what you’re looking to do, the extent of a background check may vary. A great example is the NACI background check, which is for federal and state employees. It’s a basic-level background check that’s specifically for government work.
Background checks for purchasing a weapon or renting a property will vary. These may include credit checks and FBI background checks that focus on criminal history. The most common type of background check is pre-employment, which is used by about 86% of employers.
Now that you know the basics of a background check, let’s dive into dismissed charges and how they impact a background check.
What Are Dismissed Charges?
Dismissed charges are the result of a case that doesn’t find someone guilty. In these cases, the state doesn’t want to move forward with the case because there’s not enough evidence to convict someone.
Cases can be dismissed during any part of the trial process–they can be dismissed during, before, and after trial. Dismissals can usually only come from the side of the prosecutor but a judge can also step in and force a dismissal.
Dismissals can also happen in a few ways based on several factors, like the statute of limitations or a mistake made by the prosecution. How a case was dismissed will also determine if it can be reopened in the future. Learn more about dismissed cases below.
What’s the Difference Between a Dismissed Case and a Dropped Case?
Dismissed and dropped cases have similar outcomes but happen in different ways. The biggest difference is that dropped cases are brought to the district attorney (DA) but they can also be brought to the prosecution.
Dropped cases also don’t make it into the courtroom because they only occur when the evidence isn’t solid. A dropped case remains “pending” for some time after this because the case can be reopened with more evidence.
What Causes a Case to Be Dismissed?
Cases are dismissed for several reasons. The biggest factor is a lack of substantial evidence to convict someone of a crime. That said, some other reasons result in a dismissal.
These include:
- Statute of limitations on a case expiring
- Violations of a client’s right, commonly the right to a speedy trial
- Misconduct from the prosecution
- Uncooperative witnesses
- New information from tests like DNA tests is revealed
- The defendant agrees to work for the government
- Double jeopardy is violated
These, including lack of evidence, are some of the most common reasons for a case to be dismissed.
Who Can Dismiss a Case?
Cases can be dismissed by the judge or a prosecutor. Prosecutors can dismiss a case because they’re the ones bringing the charges to the court.
On the other hand, judges can dismiss a case if they don’t find a legal basis for the charges. Both methods for dismissing a case do happen, so it’s not always rare to see a dismissal on someone’s record.
Can Dismissed Cases Be Reopened?
Yes, dismissed cases can be reopened, but it depends on how the case was dismissed. Cases that were dismissed with prejudice can’t be opened but cases that were dismissed without prejudice can be reopened. Ultimately, it comes down to how the case was dismissed.
How Long Do Dismissed Charges Stay On Your Record?
Dismissed records will stay on your record for a few days, months, or indefinitely. Some dismissed cases may not stay on your record at all.
This is because each state has a different way of handling it. For example, Vermont dismissals last for 60 days but in Virginia they remain on your record indefinitely. Also, some states will seal or expunge them right away like California.
To learn more about how dismissed charges appear on a background check and for how long, it’s important to learn about why they appear on a background check.
Do Dismissed Charges Appear on a Background Check?
Yes, dismissed charges will appear on a background check but there are some exceptions. The exceptions usually come down to where you live. Some states have laws that prevent companies from looking into your history from 7+ years ago, so you might be off the hook. Other states may also have laws that dictate how a potential employer can react to a dismissed case.
Another way that a dismissed case won’t show up on a background check is if the case is sealed or expunged. In these cases, the records can’t be viewed by anyone except for some government agencies. Also, how violations, misdemeanors, and felonies are handled varies.
Learn more about each type below and discover if they appear on a background check.
Does a Dismissed Misdemeanor Appear on a Background Check?
Yes, dismissed misdemeanors will appear on a background check. The good news is that when a dismissed misdemeanor does show up, the record will show that no conviction was made. This is huge for employment opportunities, so you don’t have to worry too much about problems with misdemeanors.
Also, some states have unique laws about misdemeanors and how they appear in someone’s records when they’re dismissed. An example is the state of Wyoming. In Wyoming, it will appear on someone’s record during the waiting period but drop off once it’s over. Some states will automatically seal a misdemeanor once charges are dismissed.
There are also some steps you can take to help get a dismissal off your record and the best option is to petition the court.
Does a Dismissed Felony Appear on a Background Check?
Yes, dismissed felonies appear on background checks. Felonies are serious crimes that can lead to jail time, extensive fines, and other legal problems like house arrest. In most cases, felonies will appear on your record, even if the case is dismissed. It’s also more challenging to get a felony expunged when you petition the court because of the severity of the crime.
When a felony that was dismissed shows up on a criminal record check it’s not game over. Dismissed felonies will usually state that there was never a conviction of guilt. Some states’ laws will also prevent dismissed felonies from appearing on background checks. In fact, some states offer automatic relief for any felony case that doesn’t involve violence.
Some of these states include:
- New Jersey
- California
- Michigan
- Delaware
Other states are also changing their laws to operate this way. Always check your state’s laws to be sure, because the law surrounding this subject is constantly changing.
Knowing that a dismissed charge ends up on a background check can help you know what to expect when applying. Next, learn about passing a background check with a dismissed charge.
Can You Pass a Background Check With a Dismissed Charge?
It’s possible to pass a background check with a dismissed charge, especially if you’re in a state that has protections in place. Dismissed charges don’t include a conviction and the way justice works in the United States is that someone is innocent until proven guilty. For this reason, it doesn’t mean that a person is guilty, so passing a background check is more than possible.
While you can pass a background check with a dismissal, it’s not always simple. This is because someone might appear guilty, but there wasn’t enough evidence available. Still, it’s not something that will hinder your chances of employment as much as something like a felony with a conviction.
There are also some acts and laws in place that protect people who have dismissed cases.
Can Employment Be Denied Because of Dismissed Charges?
The Equal Employment Opportunity Commission (EEOC) and the Civil Rights Act of 1964 come with several protections for people of all backgrounds.
In the case of being denied employment because of dismissed charges, the EEOC is the more relevant governing body here. The EEOC provides guidelines for employers and ensures that employers don’t discriminate against people who have records when there is no conviction.
Below we list some information and guidelines that the EEOC provides for employers:
- Employers should consider the nature of the crime when hiring someone
- The amount of time must be considered because people can change
- Consider if what the person did will impact their job performance
- Whether or not the case was closed with prejudice or without prejudice should be considered
Employers need to follow rules and guidelines outlined by the EEOC because failing to do so will result in discrimination claims. These can cost employers a ton of money, so know your rights when going through the hiring process.
Do Dismissed Charges Hurt Job Chances?
Charges that are dismissed don’t have a conviction. The lack of conviction makes it easier to get a job than someone who does have a conviction on their record. While this is the case, that doesn’t mean employers don’t have discretion.
Employers may judge a person’s character and amount of dismissals to determine if they’d be a good fit. Therefore, candidates with no dismissed charges may have a slight edge in some states.
It’s for this reason that many states now have protections to prevent this from happening. States that automatically seal the case give you a better chance of getting the job. Keep in mind that this doesn’t apply to some federal jobs like working for the FBI. Agency work like that will require the charges to be examined.
Overall, it’s possible to pass a background check with dismissal, so let’s look at how to run one.
How to Run a Background Check Using Information.com
When it comes to running background checks online, Information.com is the go-to destination. We have plenty of tools to help you find the information you’re looking for without going through any sort of hassle. Plus, our tools are inexpensive, user-friendly, and accurate. So, you won’t have to worry about viewing outdated information.
Information.com is also the best when it comes to database size and efficiency. Our database is connected to billions of public records and can pull information fast. Learn about how to run a background check with our people search tool below.
How to Run a Background Check With Information.com
Information.com makes it easy to run a background check. All you need is your full name, address, city, and state to get started. We always recommend including as much information as possible to get the best results. When you want to run the background check the first thing you need to do is head over to the people search tool.
Once you arrive at the people search tool, follow the steps we list below to run a background check.
- Enter your information: Enter your name, address city, and state, then click Search.
- Provide additional information: When asked for more information, provide it if you know it. Examples include ages and known associates.
- Agree to the terms: There are two message boxes about the privacy policy and some rules for running a people search. Make sure you accept these.
- Open the full report: Open the full report to see past the surface-level information like the name and address.
- Create an account: The last step is to create an account and provide some details about yourself as well as a payment option. There is currently a free trial available.
Following these steps will help you run a background check on yourself or someone else. If you’re running a check on someone else, make sure you have consent and enough information to run an accurate check.
What Information Can You Find With Information.com?
Information.com helps you find a lot of information. The large database makes it a breeze to discover just about anything that’s public record. Still, the amount of available information varies based on the person and how much of an online presence they have.
That said, we list some information you can find with a background check using Information.com below:
- Email address
- Social media accounts
- Dating profiles
- Credit history
- Criminal records
- Bankruptcies
- Court records
- Divorce records
- Death records (when available)
- Marriage records
- Relatives
- Spouses
- Phone records
- Address
- Full name and date of birth
This should give you an idea of some of the information you’ll find when you run a search with Information.com. Remember that your results will vary depending on the person.
Can You Run a Background Check on Anyone?
Yes and no. You can run a background check on someone who’s consenting to a background check but not someone who tells you not to. You can’t run a background check on domestic help or other employees, and you can never use the information gained from a background check for stalking or harassment.
Always follow the guidelines laid out by the Fair Credit Reporting Act (FCRA) for the best results.
As long as you use common sense when running background checks you shouldn’t run into any problems with the rules or laws.
Learn About Your Criminal Records Today
Learning about your criminal records is the best way to prepare for a background check, even if you don’t have dismissed records. Knowing what public information about yourself is out there improves your chances of staying ahead of any potential problems. Plus, you can explain yourself better when you know what to expect.
As for dismissed records, well, it depends. There’s a good chance that you can find them with a public records search, so what’s stopping your employer? Still, it does depend on state laws, so make sure you read up on the rules specific to your state before exposing any unnecessary records.
