Understanding the Impact: Will a Dismissed Charge Show Up on a Background Check?
If you were arrested but never found guilty in a criminal case, you may think that’s the end of it. However, you may be unaware that the charge still shows on your record, even if the case was dismissed. This is true even if charges were quickly rejected by prosecutors. Fortunately, Texas law does allow you to remove the record of arrest with an expungement.
Keep in mind, an expungement (aka expunction) is only available for dismissed cases under Texas law. If your case was handled another way (for example, with a deferred adjudication), you may be able to seal your record, but an expungement is typically not available.
ATX Legal handles expunctions. As of this post, our fee for expunctions is $1,500, including all court costs. You may be able to expunge multiple arrests if they all occurred in the same county. If you would like a free eligibility check, you can contact us, and an attorney will review your case to see if you’re eligible.
What Are Dismissed Charges and How Do They Appear on Background Checks?
Definition of Dismissed Charges
A dismissed charge is a case that has been closed by the court without a conviction or a plea of guilty.
Dismissed charges can occur due to lack of evidence, plea deals, or court errors.
Although a dismissed charge is not a conviction, it can still appear on a person’s criminal record.
Be wary of deferred adjudication. Even though it is not technically a conviction, you do plead guilty and are not eligible for expunction.
Types of Dismissed Charges That May Appear on Background Checks
Misdemeanor charges that were dismissed due to lack of evidence.
Felony charges that were reduced to misdemeanors and then dismissed.
Charges that were dismissed as part of a plea deal.
How Dismissed Charges Are Reported on Background Checks
Dismissed charges, including any criminal charge, can appear on background checks, but the type of charge and jurisdiction can impact visibility.
Arrest records, including dismissed charges, can be reported by different agencies, affecting visibility on background checks.
Class C misdemeanor arrests typically do not appear on an arrest record, but there are some circumstances where you will still want to expunge.
The Impact of Dismissed Charges on Employment Opportunities
Can Employers Ask About Dismissed Charges?
Employers can ask about a dismissed criminal charge as part of the hiring process, but must follow laws like the Fair Credit Reporting Act (FCRA).
Job applicants must give written permission for employers to perform background checks.
How Dismissed Charges Can Affect Employment Decisions
Even with your case dismissed, the dismissed charges can impact employment opportunities, especially if related to the job.
In Texas, employer may refuse a job applicant for almost any reason.
Employers may view dismissed charges differently, affecting hiring decisions. One common question is, will a dismissed charge appear on a background check, and the answer can vary depending on the jurisdiction and the specifics of the case.
Criminal Background Check Information: What Employers Can See
What Information Appears on Background Checks, Including Arrest Records
Arrest records, including dismissed charges, can appear on background checks.
Criminal convictions, plea deals, and other relevant information can also be reported.
How Employers Use Background Check Information in Hiring Decisions
Employers use background check information to assess a job applicant’s trustworthiness and reliability.
Background check information can impact hiring decisions, especially for jobs requiring security clearance.
Understanding Your Criminal Record and Its Impact
How a Dismissed Charge Can Affect Your Criminal Record
A dismissed charge can still appear on a person’s criminal record.
Dismissed charges can impact a person’s ability to expunge or seal their criminal record.
The Difference Between a Dismissed Charge and a Conviction
A dismissed charge is not a conviction, but can still appear on a person’s criminal record.
A conviction is a permanent part of a person’s criminal record.
Navigating the Consequences of a Dismissed Charge
Discrimination and Your Rights as a Job Applicant
Job applicants have rights under federal and state law, including protection from discrimination.
Employers must follow fair hiring practices and cannot discriminate based on a dismissed charge.
How to Respond to Questions About a Dismissed Charge
Job applicants should respond honestly to questions about a dismissed charge.
Providing context and explanation can help alleviate concerns.
Managing Your Criminal History and Background Check Information
Expungement and Sealing of Criminal Records
Expungement and sealing can restrict access to a person’s criminal record.
Eligibility for expungement and sealing varies by state and jurisdiction.
How to Obtain a Copy of Your Background Check Report
Job applicants can request a copy of their background check report from the employer or background check agency.
Reviewing the report can help identify errors or inaccuracies.
Taking Control of Your Future
Strategies for Overcoming Employment Barriers Related to Dismissed Charges
Job applicants can take proactive steps to manage their criminal history and background check information.
Seeking legal counsel can help navigate the legal process and protect rights.
How to Move Forward With Confidence After a Dismissed Charge
Understanding the impact of a dismissed charge on employment opportunities can help job applicants move forward.
Focusing on rehabilitation and personal growth can help overcome the stigma of a dismissed charge.
Conclusion
Key Takeaways About Dismissed Charges and Background Checks
Dismissed charges can appear on background checks, but the type of charge and jurisdiction can impact visibility.
Job applicants have rights under federal and state law, including protection from discrimination.
Empowering Yourself with Knowledge and Action
Understanding the impact of a dismissed charge on employment opportunities can help job applicants take control of their future.
Seeking legal counsel and taking proactive steps can help navigate the legal process and protect rights.