Will a Dismissed Misdemeanor Appear on a Background Check?
When it comes to background checks, many individuals are concerned about the impact of past legal issues on their future. One common question is whether a dismissed misdemeanor will appear on a background check. In this article, we will provide a direct answer to this question and explore the factors that affect the visibility of a dismissed misdemeanor on a background check.
Direct Answer:
A dismissed misdemeanor will not typically appear on a background check. Most background checks only report convictions, and a dismissal means that the individual was not convicted of the crime. However, there are some exceptions and factors to consider.
Factors That Affect Visibility:
- State laws: Different states have varying laws regarding the reporting of dismissed misdemeanors. Some states may report dismissed misdemeanors, while others may not.
- Type of dismissal: A dismissal with prejudice means that the case was dismissed and cannot be re-filed. A dismissal without prejudice means that the case was dismissed, but the prosecutor can re-file the charges if new evidence arises.
- Length of time since dismissal: In some cases, a dismissed misdemeanor may remain on a background check for a certain period after the dismissal.
- Type of background check: Different types of background checks may report different information. For example, a criminal background check may report a dismissed misdemeanor, while a credit check may not.
How Background Checks Work:
Background checks are typically conducted by third-party companies that gather information from various sources, including:
- Criminal databases: These databases contain information on criminal convictions, including misdemeanors.
- Court records: These records contain information on court proceedings, including dismissals.
- Public records: These records contain information on public documents, such as arrest records and police reports.
What Information is Typically Reported:
The following information is typically reported on a background check:
- Convictions: These include felony and misdemeanor convictions, as well as convictions from other jurisdictions.
- Arrests: These include arrests that did not result in a conviction.
- Criminal charges: These include charges that were filed but not prosecuted or dismissed.
What is Not Typically Reported:
The following information is not typically reported on a background check:
- Dismissed charges: These include charges that were dismissed, either with or without prejudice.
- Acquittals: These include cases where the individual was found not guilty.
- Sealed or expunged records: These include records that have been sealed or expunged, which means that they are no longer publicly available.
Table: Types of Background Checks and What They Report
| Type of Background Check | What is Typically Reported |
|---|---|
| Criminal Background Check | Convictions, arrests, criminal charges |
| Credit Check | Public records, credit history |
| Employment Background Check | Convictions, arrests, criminal charges, employment history |
| Rental Background Check | Convictions, arrests, criminal charges, rental history |
Conclusion:
In conclusion, a dismissed misdemeanor will not typically appear on a background check. However, there are some exceptions and factors to consider, such as state laws, type of dismissal, length of time since dismissal, and type of background check. It is essential to understand how background checks work and what information is typically reported to ensure that you are prepared for any potential consequences.
