Do Dismissed Charges Show Up on a Background Check?
Yes, dismissed charges often appear on employment background checks despite not resulting in conviction. Court records typically remain public even after dismissal, and most background check providers report arrest records alongside conviction data unless specifically restricted by state law or employer policy.
The visibility of dismissed charges depends on your screening provider’s data sources, state reporting regulations, and the type of background check you order.
The Full Picture for HR Teams
When evaluating candidates with dismissed charges on their records, you’re navigating a complex intersection of public records law, fair-chance legislation, and risk management. Unlike sealed or expunged records, dismissed charges usually remain in court databases and are accessible to background screening companies.
Key takeaway box:
- Dismissed charges ≠ hidden charges in most jurisdictions
- Seven-year reporting limits vary by state and salary threshold
- EEOC guidance requires individualized assessment of arrest records
- Some states prohibit consideration of dismissed charges entirely
The distinction matters significantly for your hiring decisions. A dismissed charge indicates law enforcement made an arrest, but prosecutors either declined to file charges or a court dismissed the case. This creates a gray area where you have arrest information without conviction data—exactly the scenario that triggered enhanced EEOC scrutiny under Title VII disparate impact analysis.
Your screening program must account for state-specific variations in both what appears on reports and what you’re legally permitted to consider. California’s Fair Chance Act, for instance, restricts your ability to consider most arrest records without conviction. New York’s Article 23-A requires you to evaluate the relationship between any criminal history and job requirements.
Key Factors That Affect Dismissed Charge Visibility
State Reporting Laws
| State Approach | Examples | Impact on Background Checks |
|---|---|---|
| Seven-year limit | California, Texas, Washington | Dismissed charges older than seven years typically excluded |
| No time limit | Florida, Georgia | All dismissed charges may appear regardless of age |
| Salary threshold exception | Multiple states | Seven-year limit lifted for positions over $75,000-$125,000 |
| Prohibited reporting | Hawaii (certain dismissals) | Some dismissed charges cannot be reported to employers |
Type of Dismissal
Dismissals that commonly appear:
- Charges dismissed for insufficient evidence
- Cases dismissed on procedural grounds
- Dismissed charges that were later refiled (even if dismissed again)
- Deferred prosecution dismissals after probation completion
Dismissals with restricted visibility:
- Expunged or sealed dismissals (varies by state effectiveness)
- Juvenile dismissals (additional privacy protections)
- Dismissed charges under first-offender programs with statutory sealing
Screening Scope and Data Sources
Your background check parameters directly influence dismissed charge visibility. County-level criminal searches typically capture more dismissed charges than multi-jurisdictional database searches, since county clerk offices maintain comprehensive case records regardless of disposition.
If you’re ordering federal background checks for regulated positions, dismissed federal charges often appear since federal court records have fewer state-law restrictions. This creates compliance complexity for organizations screening both state and federal jurisdictions.
What This Means for Your Screening Program
EEOC Compliance Requirements
Your organization cannot automatically disqualify candidates based on dismissed charges without violating EEOC guidance on arrest records. The Commission’s position requires you to demonstrate that excluding candidates with arrest records (including dismissals) serves a legitimate business purpose and is job-related.
Implement this three-step assessment:
1. Job-relatedness analysis: Does the underlying alleged conduct directly relate to essential job functions?
2. Individualized consideration: What were the circumstances of the dismissal? How much time has passed?
3. Business necessity documentation: Can you articulate why this specific dismissed charge creates unacceptable risk for this particular role?
Policy Development
Your background check policy should explicitly address dismissed charges rather than leaving interpretation to individual hiring managers. Consider this framework:
Sample policy language: “Dismissed criminal charges will be evaluated individually based on the nature of the alleged conduct, its relationship to job responsibilities, and the circumstances surrounding the dismissal. Charges dismissed due to mistaken identity, false accusations, or lack of evidence will generally not disqualify candidates. Charges dismissed through pre-trial diversion or deferred prosecution programs may be considered if directly related to essential job functions.”
Risk Mitigation Steps
Document your decision-making process for any candidate with dismissed charges. Your adverse action procedures should differentiate between convictions and dismissals, with higher justification standards for dismissal-based decisions.
Train hiring managers to recognize that dismissed charges require more nuanced evaluation than convictions. A charge dismissed for lack of evidence carries different implications than a charge dismissed after successful completion of a diversion program.
Review your screening vendor’s reporting practices. Some background check providers offer configurable reporting that can exclude dismissed charges based on your policy preferences and state law requirements.
Related Questions
Do expunged charges show up on background checks?
Expunged charges should not appear on properly conducted background checks, but data accuracy varies by state and screening provider. Some commercial databases contain outdated records that include expunged cases, requiring additional verification steps.
Can I ask about dismissed charges during interviews?
Most states with fair-chance laws prohibit asking about arrest records, including dismissed charges, during initial interviews. You can typically inquire after conducting a background check, but only about records that actually appear on the report.
How long do dismissed charges stay on someone’s record?
Dismissed charges remain in court records indefinitely unless expunged or sealed through legal action. However, background check reporting may be limited to seven years depending on state law and position salary.
Are dismissed charges different from dropped charges?
Dismissed charges were formally filed in court but later dismissed by a judge or prosecutor. Dropped charges typically refer to cases where prosecutors declined to file formal charges after arrest—both usually appear on background checks as arrest records.
Making Informed Hiring Decisions
Dismissed charges present a nuanced challenge for HR professionals balancing thorough due diligence with fair hiring practices. Your screening program should treat dismissed charges as arrest records requiring individualized assessment rather than automatic disqualification triggers.
The most effective approach involves clear policies, documented decision processes, and screening technology that provides complete disposition information. When you understand why charges were dismissed and can evaluate their relevance to specific job requirements, you make better hiring decisions while maintaining EEOC compliance.
BackgroundChecker.com helps HR teams navigate these complexities with FCRA-compliant background checks that include detailed disposition codes and adverse action automation. Our platform integrates with major ATS systems and provides dedicated account management to ensure your screening program meets both compliance requirements and operational needs. Whether you’re screening entry-level positions or executive candidates, our transparent per-check pricing and fast turnaround times scale with your hiring volume.
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This article is for informational purposes and does not constitute legal advice. Consult qualified legal counsel for compliance guidance specific to your organization.
