Will a Dismissed Charge Show Up on a Background Check- Understanding the Impact on Your Record

Will a Dismissed Charge Appear on a Background Check?

Understanding the impact of a dismissed charge on a background check is crucial for individuals who have had legal issues in the past. Many people wonder if a dismissed charge will appear on their background check, and the answer can vary depending on several factors. In this article, we will explore the reasons why a dismissed charge might or might not appear on a background check, and what you can do to ensure your records reflect the correct information.

Background Checks and Dismissed Charges

A background check is a process used by employers, landlords, and other organizations to verify the accuracy of the information provided by an applicant. It typically includes a review of criminal records, employment history, and other relevant information. When it comes to dismissed charges, the outcome depends on the specific laws and regulations in the jurisdiction where the charge was filed.

State Laws and Dismissed Charges

In some states, dismissed charges may not appear on a background check at all. This is because certain states have specific laws that require background check companies to exclude certain types of records, including dismissed charges. For example, in California, employers are prohibited from considering a dismissed charge when conducting a background check.

However, in other states, the situation may be different. Some states may allow dismissed charges to appear on a background check, depending on the nature of the charge and the circumstances surrounding the dismissal. In these cases, it is essential to review the specific laws and regulations in your state to understand how dismissed charges are treated.

Factors Affecting the Appearance of Dismissed Charges

Several factors can influence whether a dismissed charge will appear on a background check. These include:

1. The nature of the charge: Certain charges, such as minor offenses, may be more likely to be excluded from a background check.
2. The circumstances of the dismissal: If the charge was dismissed due to a lack of evidence or a mistake, it may be less likely to appear on a background check.
3. The specific laws and regulations in your state: As mentioned earlier, state laws play a significant role in determining the appearance of dismissed charges on background checks.

What You Can Do

If you have a dismissed charge that you believe should not appear on your background check, there are a few steps you can take:

1. Review your records: Make sure your criminal records are accurate and up-to-date. If you find any discrepancies, contact the appropriate authorities to correct them.
2. Consult with an attorney: An attorney can help you understand the laws and regulations in your state and advise you on how to address any issues with your background check.
3. Request a consumer report: Under the Fair Credit Reporting Act (FCRA), you have the right to request a copy of your consumer report from the reporting agency. Review the report to ensure that the dismissed charge is not listed.

Conclusion

Whether a dismissed charge will appear on a background check depends on various factors, including state laws and the nature of the charge. It is crucial to understand these factors and take appropriate steps to ensure that your records reflect the correct information. By being proactive and informed, you can protect your reputation and improve your chances of securing employment or housing opportunities.