Do Dismissed Charges Show Up on a Background Check?

Aug 24

6 min read

Yes, dismissed charges can show up on a background check, depending on the type of background check, the records searched, how the information is reported, and whether the record has been sealed or otherwise restricted.

A dismissed charge is not a conviction. However, the arrest or court case may still exist in public records and could appear in a background report. The Equal Employment Opportunity Commission (EEOC) also warns that arrest records can be incomplete and may not show that charges were filed, modified, or dismissed.

If you want to understand the broader types of information that can appear, see What Will Show Up on My Background Check.

Can a Dismissed Charge Show Up on a Background Check?

A dismissed charge may appear on a background check if the underlying arrest or court record is available to the reporting company.

For example, a criminal background report might show:

The date of an arrest
The criminal charge
The court where the case was handled
The case number
The filing date
The final disposition
The fact that the charge was dismissed

The exact information depends on the records searched and the background check provider.

The important point is that a dismissed charge and a conviction are different. A dismissal means the charge did not result in a conviction.

However, dismissal does not necessarily mean every record associated with the case disappears.

Why Would a Dismissed Charge Appear?

There are several reasons a dismissed charge may still be reported.

The Arrest Record Still Exists

An arrest creates a record even when prosecutors later dismiss the charges. An arrest record documents that someone was taken into custody. It does not establish that the person committed the alleged offense.

The EEOC specifically advises employers to treat arrest records differently from conviction records because an arrest is not proof that criminal conduct occurred.

The Court Record Is Still Available

A dismissed criminal case may remain in court records unless it has been sealed or otherwise restricted under applicable law.

A background check that searches court records may therefore find the case even though the final outcome was dismissal.

The Report Does Not Include the Final Disposition

One of the most serious problems is an incomplete report.

For example, a report could identify an arrest and the original charge but fail to clearly show that the case was later dismissed. The EEOC has recognized that criminal record

repositories may sometimes fail to report the final disposition of an arrest.

This can make a dismissed case look more serious than it actually was.

Does a Dismissed Charge Count as a Conviction?

No. A dismissed charge is not a conviction.

A criminal charge is an accusation that a person committed an offense. A conviction occurs when the criminal case results in a finding of guilt or a guilty plea or other legally recognized basis for conviction.

When a charge is dismissed, the charge does not result in a conviction.

This distinction matters when reviewing a background report. If a report incorrectly lists a dismissed charge as a conviction, the information may be inaccurate and should be addressed.

The EEOC states that employers should distinguish arrest records from conviction records and consider the accuracy and relevance of criminal history before relying on it in an employment decision.

Will an Employer See That a Charge Was Dismissed?

An employer may see that a charge was dismissed if the background report includes the court's final disposition.

This is important because the employer should be able to distinguish between:

An arrest with no charges filed
A criminal charge that was dismissed
A case that ended in acquittal
A conviction
A sealed or otherwise restricted record

The EEOC explains that employers should treat arrest records differently from conviction records because an arrest alone does not establish that a person committed a crime.

Federal law also places requirements on employers that obtain background reports through consumer reporting agencies. The Fair Credit Reporting Act (FCRA) provides protections concerning the use of these reports, including procedures related to adverse employment decisions.

Can a Background Check Show a Dismissed Charge Without Showing the Dismissal?

Yes, this can happen.

A background report may contain information about an arrest or criminal case without accurately reflecting its final outcome. This is one reason it is important to review the actual report rather than assume that every entry represents a conviction.

If a report lists a criminal charge but does not show that it was dismissed, the information may give an incomplete picture of the case.

If you find an error, compare the report with the relevant court records and determine whether the information can be corrected or disputed.

Do Dismissed Charges Show Up on a Background Check in Colorado?

Colorado law provides specific protections and procedures concerning criminal records.

Colorado's current record-sealing framework provides for automatic sealing of certain criminal charges when a case is completely dismissed, among other circumstances.

The Colorado General Assembly's Legislative Council Staff explains that when a case is completely dismissed, the court automatically orders the criminal charge records sealed, subject to the applicable statutory requirements and exceptions.

Colorado also has specific rules concerning employment and criminal history. Under the Colorado Chance to Compete Act, employers generally cannot ask about an applicant's criminal history on an initial job application. The law does not, however, prohibit employers from obtaining publicly available criminal background reports at any time.

This means a person with a dismissed case should not assume that every background check will treat the record in the same way. The status of the case, whether records have been sealed, the type of search performed, and the applicable law can all matter.

What Should You Do If a Background Check Shows a Dismissed Charge?

If a background check reports a dismissed charge, take the following steps.

1. Get a Copy of the Report

Review the actual report to determine exactly what information was reported.

Look for the charge, arrest date, court information, and final disposition.

2. Check Whether the Dismissal Is Listed

Determine whether the report clearly states that the case was dismissed.

If it does not, compare the information with the official court record.

3. Check for Errors

Look for incorrect information such as:

A dismissed charge listed as a conviction
An incorrect case disposition
An incorrect date
Another person's criminal record
Duplicate cases
Charges that were amended or dismissed but are reported incorrectly

4. Dispute Inaccurate Information

If a consumer reporting agency supplied the background report and it contains inaccurate or incomplete information, you may have rights under the FCRA to dispute the information.

The EEOC also advises applicants to inform employers when there are errors in their

criminal record.

5. Consider Whether the Record Can Be Sealed

A dismissed case may qualify for record sealing depending on the jurisdiction and circumstances.

In Colorado, completely dismissed criminal cases are among the records that may be subject to automatic sealing under the state's current framework. However, eligibility and exceptions can depend on the specific case.

Can an Employer Reject You Because of a Dismissed Charge?

A dismissed charge should not automatically be treated as a conviction.

Federal employment discrimination laws also affect how employers use criminal history. The EEOC explains that employers considering criminal records should evaluate factors such as the nature and seriousness of the conduct, the time that has passed, and the nature of the job.

An arrest by itself is different from a conviction. The EEOC states that employers cannot refuse to hire someone simply because the person was arrested, although employers may consider the conduct underlying an arrest in certain circumstances.

State and local laws may provide additional protections.

Can a Dismissed Charge Be Removed From a Background Check?

A dismissal and record sealing are not necessarily the same thing.

A case can be dismissed while records associated with the case remain accessible unless the applicable law provides for sealing or another form of restriction.

In Colorado, the law provides mechanisms for sealing certain non-conviction records. Colorado's Legislative Council Staff explains that completely dismissed cases can qualify for automatic sealing under the applicable process.

If you believe your record should have been sealed but continues to appear, reviewing the court record and applicable Colorado record-sealing rules can help determine what happened.

How Long Does a Dismissed Charge Stay on a Background Check?

There is no universal time period that applies to every dismissed charge and every background check.

The answer can depend on:

The type of record
The jurisdiction
The type of background check
Whether the record was sealed
Applicable federal and state laws
Whether the reporting company has accurate and current information

For this reason, it is better to determine the status of the specific record rather than rely on a general rule such as a seven-year limit.

Final Thoughts

A dismissed charge can appear on a background check, but that does not mean you were convicted of the offense. The underlying arrest or court case may remain accessible, and inaccurate or incomplete reporting can sometimes fail to show the dismissal.

If a dismissed charge appears on a background check, review the report carefully, verify the court disposition, and dispute inaccurate information when appropriate. In Colorado, record-sealing rules may also provide a way to restrict access to eligible dismissed cases.

If a dismissed criminal case is affecting your employment or another important opportunity, a Colorado criminal defense attorney can review the record and explain what options may be available under current law.