Will Dismissed Charges Show Up on a Background Check?
The question of whether dismissed charges appear on a background check is complex and depends on several factors. The short answer is: it depends. While dismissed charges ideally shouldn't appear, the reality is more nuanced. This guide will break down the intricacies and help you understand what you might expect.
What is a Background Check?
Before diving into the specifics of dismissed charges, it's crucial to understand what a background check encompasses. A background check is a comprehensive review of an individual's history, often including criminal records, employment history, credit history, and sometimes educational background. The scope and depth of the check vary depending on the purpose and the entity conducting it (e.g., potential employer, landlord, licensing agency).
Types of Background Checks and Their Scope
Different types of background checks reveal different information. Some only access limited public records, while others delve into more extensive databases. This directly influences whether a dismissed charge might surface:
- Basic Background Checks: These typically only reveal information readily available to the public, such as felony convictions. Dismissed charges are less likely to be included.
- Comprehensive Background Checks: These checks access more extensive databases, potentially including court records showing dismissed charges.
- County-Specific Background Checks: These searches focus on a particular county's court records, which might contain details about dismissed cases, depending on the county's record-keeping practices.
Factors Affecting the Visibility of Dismissed Charges
Several factors can influence whether a dismissed charge appears on your background check:
- Jurisdiction: Laws regarding record sealing and expungement vary significantly by state and sometimes even county. Some jurisdictions automatically seal dismissed cases after a specific period, while others require a formal petition to the court.
- Type of Dismissal: The reason for the dismissal matters. A dismissal "with prejudice" generally means the charges cannot be refiled, and these are more likely to be sealed or expunged. A dismissal "without prejudice" allows the charges to be refiled, making it more likely to appear on some background checks.
- Time Elapsed: Even if not sealed or expunged, the longer the time since the dismissal, the less likely it is to be flagged by certain background check services that prioritize recent activity.
- The Background Check Provider: Different background check companies use various databases and search algorithms. Some may have more access to court records than others.
Will a dismissed charge affect my job application?
While dismissed charges ideally won't impact job prospects, some employers might still see them. It's crucial to be upfront and honest in your application process, ready to explain the circumstances surrounding the dismissal. Focus on demonstrating your rehabilitation and suitability for the role.
How to Find Out if a Dismissed Charge Appears on Your Background Check?
You can obtain your own background check report from various commercial providers. This gives you insight into the information potential employers or landlords might see. This proactive approach allows you to address any concerns beforehand.
What is expungement?
Expungement is a legal process that seals or removes certain criminal records from public view. If successful, a dismissed charge might be completely removed from your record. The process and eligibility criteria are highly jurisdiction-specific.
How can I get my charges expunged?
To pursue expungement, you'll typically need to consult with an attorney familiar with the laws in your jurisdiction. They can advise on your eligibility and guide you through the legal process.
In conclusion, while a dismissed charge ideally shouldn't appear on a background check, it's not guaranteed. Understanding the factors influencing visibility and taking proactive steps, such as obtaining your own report and exploring expungement, is crucial to managing your background check record. Always consult with a legal professional for personalized advice concerning your specific situation and jurisdiction.
