Will a Dismissed Misdemeanor Appear on a Background Check?
The short answer is: maybe. Whether a dismissed misdemeanor appears on a background check depends on several factors, making it a complex issue with no simple yes or no answer. This article will break down the key considerations and help you understand what you might expect.
What is a Background Check?
First, let's clarify what a background check entails. Background checks vary significantly depending on who's conducting them and their purpose. Employers, landlords, and licensing agencies all utilize different types of background checks, accessing different databases and applying varying standards. Some checks focus solely on criminal records, while others include credit history, education verification, and employment history. The scope of the check significantly impacts whether a dismissed misdemeanor will show up.
Factors Determining Visibility of a Dismissed Misdemeanor
Several key factors influence whether a dismissed misdemeanor appears on a background check:
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The Type of Background Check: As mentioned, different checks access different databases. Some might only show felony convictions, while others might include misdemeanors, regardless of their dismissal. The depth of the search significantly influences the results.
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State Laws: State laws vary regarding the reporting of dismissed misdemeanors. Some states have laws that seal or expunge dismissed charges, effectively removing them from public record. In these cases, the dismissed misdemeanor is less likely to appear on a background check. Others may have more lenient laws, allowing the information to remain accessible.
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The Database Used: Background check companies utilize various databases. Some databases may contain records of dismissed charges longer than others. The specific database used in the check plays a significant role in the outcome.
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The Time Elapsed Since Dismissal: Even if a dismissed misdemeanor isn't sealed or expunged, the longer the time since the dismissal, the less likely it is to be flagged. Many background checks focus on recent activity, and older dismissed charges may fall outside the timeframe.
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The Reason for Dismissal: The circumstances surrounding the dismissal matter. A dismissal due to insufficient evidence might be viewed differently than a dismissal due to successful completion of a diversion program.
What About Expungement and Sealing?
Expungement and sealing are legal processes that can remove criminal records from public view. However, the availability and process for expungement or sealing vary considerably by state and the specific charge. Successful expungement or sealing significantly reduces the likelihood of a dismissed misdemeanor appearing on a background check.
Will a Dismissed Misdemeanor Affect My Employment?
Even if a dismissed misdemeanor appears on a background check, it doesn't automatically disqualify you from a job. Employers often consider the totality of circumstances, including the nature of the offense, the time elapsed since the incident, and any mitigating factors. Transparency and a strong explanation can be beneficial during the hiring process.
How Can I Find Out if My Dismissed Misdemeanor Will Appear?
There's no foolproof way to know for certain without undergoing a background check. However, reviewing your state's laws regarding expungement and sealing is a good starting point. You could also consult with an attorney specializing in expungement or record sealing to understand your rights and options.
In conclusion, the appearance of a dismissed misdemeanor on a background check is highly dependent on various factors. Understanding these factors and taking proactive steps, such as pursuing expungement if applicable, can help minimize potential negative impacts. Remember, consulting with a legal professional is always advisable for personalized guidance based on your specific situation and location.
