Will a Dismissed Charge Appear on a Background Check?
The short answer is: it depends. Whether a dismissed charge appears on a background check hinges on several factors, including the type of background check, the jurisdiction, and the specifics of the case. This isn't a simple yes or no answer, and understanding the nuances is crucial.
Many people worry about the impact of a dismissed charge on their future opportunities, from employment to housing. Let's break down the complexities involved.
What Types of Background Checks Exist?
Before diving into the specifics of dismissed charges, it's vital to understand the different types of background checks:
- Criminal Background Checks: These checks delve into an individual's criminal history, encompassing arrests, charges, convictions, and sometimes even dismissed cases. The scope varies considerably.
- Employment Background Checks: These are often less extensive than comprehensive criminal background checks, focusing mainly on relevant criminal history related to the position being applied for.
- Tenant Screening Background Checks: Landlords frequently use these to assess the risk of renting to a prospective tenant. These usually include criminal history checks.
Will a Dismissed Charge Show Up on a Background Check?
The visibility of a dismissed charge depends heavily on the background check type and the reporting agency used.
- Some background check databases may include dismissed charges. These databases often compile information from various sources, including court records, and may not distinguish between dismissed and convicted charges. The information might be listed as an "arrest" or "charge," even if the case was ultimately dismissed.
- Other background checks may not include dismissed charges. Depending on the reporting agency's policies and the specific jurisdiction's laws, dismissed charges might be excluded. These agencies may only report convictions.
- Expungement or Sealing: In some jurisdictions, individuals can petition the court to expunge (erase) or seal (make inaccessible) their criminal record, including dismissed charges. If successful, these charges will generally not appear on background checks. However, the process varies significantly by state.
What is the Difference Between an Arrest, Charge, and Conviction?
Understanding these distinctions is crucial:
- Arrest: An arrest occurs when a law enforcement officer detains a person suspected of committing a crime. An arrest does not mean guilt.
- Charge: A charge is a formal accusation by the prosecutor that an individual committed a crime. Again, this doesn't automatically equate to guilt.
- Conviction: A conviction signifies that a person has been found guilty of a crime after a trial or has pleaded guilty. This is the most serious entry on a background check.
A dismissed charge sits somewhere between an arrest and a conviction. It indicates that the prosecution decided not to pursue the case, often due to insufficient evidence, witness unavailability, or other reasons.
How Can I Find Out if a Dismissed Charge Will Appear on My Background Check?
The best way to ascertain this is by obtaining your own background check. Several reputable companies offer these services. This allows you to see what information is available to potential employers or landlords. You can then take steps to address any concerns.
What if a Dismissed Charge Does Appear?
If a dismissed charge appears on your background check, you can provide context. Explaining the circumstances surrounding the dismissal can help mitigate any negative impressions. However, transparency and honesty are paramount.
What about different states and jurisdictions?
Laws regarding the reporting of dismissed charges vary significantly by state and even county. There is no single, universal answer. A dismissed charge that doesn't appear on a check in one state might appear on a check in another.
In conclusion, while a dismissed charge might not always appear on a background check, it's not guaranteed to be absent. The best approach is proactive: understand the specific type of check, familiarize yourself with your local laws regarding expungement or sealing, and be prepared to address any information that does surface.
