Do Dismissed Cases Show Up on Background Checks?
The short answer is: it depends. Whether a dismissed case appears on a background check hinges on several factors, making it a complex issue with no simple yes or no answer. This article will delve into the specifics, clarifying the nuances and helping you understand what information employers and others might see.
Understanding Background Checks and Their Scope
Background checks vary widely in scope and depth, depending on the entity conducting the check and the purpose. Some checks are limited to criminal history, while others may include credit reports, employment history, and driving records. Even within criminal history checks, the level of detail can differ significantly.
The Role of Expungement and Sealing
Crucially, the legal status of the dismissed case matters. Some jurisdictions offer processes for expungement or sealing of records.
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Expungement: This process effectively erases the record of the case, meaning it's legally treated as if it never happened. Expunged cases generally will not appear on background checks.
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Sealing: This process makes the record inaccessible to the public, though it might still exist in certain databases. Whether a sealed case shows up on a background check depends on the specific database used and the access rights of the entity conducting the check. Some background check services might still access sealed records, while others may not.
Factors Influencing Visibility of Dismissed Cases
Several factors influence whether a dismissed case will appear:
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State Laws: Laws governing record access vary significantly by state. Some states have stricter rules about what information can be included in background checks, while others are more lenient.
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Type of Background Check: A basic background check may only reveal felony convictions, while more comprehensive checks might show dismissed cases, especially if they are not expunged or sealed.
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The Database Used: Different background check companies use different databases. Some databases may contain more comprehensive information than others.
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Age of the Case: Even if not expunged or sealed, very old dismissed cases might not always appear, particularly if the database used doesn't retain such older information.
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Type of Dismissal: The reason for dismissal also plays a role. A dismissal due to lack of evidence might be treated differently than a dismissal due to a procedural error.
What Employers Can and Cannot Consider
Even if a dismissed case shows up on a background check, employers must be careful about how they use this information. Many jurisdictions have laws prohibiting discrimination based on arrest records or dismissed charges. Employers must generally focus on convictions, and even then, they should consider the nature and relevance of the conviction to the job in question.
Taking Control of Your Background
If you're concerned about dismissed cases appearing on your background check, you can explore the possibility of expungement or sealing in your jurisdiction. Consulting with a legal professional specializing in expungement or record sealing is highly recommended to understand your options and the legal procedures involved.
Disclaimer: This information is for educational purposes only and should not be considered legal advice. State laws vary significantly, and you should consult with a legal professional for advice specific to your situation.
