Will a Dismissed Criminal Case Show Up on a Background Check?

Introduction

Having a criminal case dismissed can bring a sense of relief. But the charge may still appear when you apply for a job or rent an apartment. With more than 20 years of legal experience, I approach this issue by looking at both the court outcome and the records that may affect your next opportunity. A dismissal means the charge did not result in a conviction, but clearing the record may involve additional steps.

KEY TAKEAWAYS

• A dismissed charge can still appear on some background checks.
• A dismissed charge is not a criminal conviction.
• Indiana provides automatic expungement in certain situations, but you should confirm that an order was entered and took effect.
• Older dismissed cases may require an expungement petition.
• You can dispute a background report that contains incorrect, incomplete, or improperly reported information.

Can a Dismissed Charge Still Appear on a Background Check?

Yes. A dismissed charge can still appear, depending on the records searched and whether the case has been expunged.

A background report may include an arrest or criminal charge even when there was no conviction. If the report includes the charge, it should also accurately show how the case ended. A dismissed case should not be presented as a conviction or left looking like an unresolved charge.

For example, imagine that you were charged with theft and the court later dismissed the charge. A report that lists only “theft” may leave an employer with the wrong impression. The dismissal matters.

Federal law generally limits how long background reporting companies can report criminal charges that did not lead to convictions. A seven-year limit often applies, although exceptions exist. That reporting limit is separate from whether a court record has been expunged.

Does a Dismissed Case Automatically Disappear From Your Criminal Record?

You should not assume that a dismissal makes every record disappear immediately.

In Indiana, certain dismissals qualify for automatic expungement. Since July 1, 2022, the law has required courts to order expungement in qualifying situations, including when all criminal charges filed and pending against a person are dismissed.

However, an automatic expungement order following dismissal cannot take effect earlier than 60 days after dismissal. A court may delay implementation for up to one year when the prosecutor requests it and the court finds specific facts that justify the delay.

This means there can be a period between dismissal and the time the expungement takes effect. Older cases may also require a separate request.

Professional insight: My approach, grounded in more than 20 years of legal practice, is to check the paperwork rather than rely on assumptions. I recommend keeping your dismissal order and confirming whether an expungement order was entered and took effect. Those details help determine what to do if the case appears on a background check.

Can a Dismissed Case Be Expunged or Sealed?

Yes. Indiana law provides a process for expunging eligible records that did not result in a conviction.

When a petition is needed, the general waiting period is one year after the arrest or criminal charge, whichever occurred later. The prosecutor can agree in writing to an earlier filing. Other requirements apply, including whether criminal charges are pending.

Indiana expungement generally seals or restricts access to covered records rather than physically destroying them. Certain nonpublic records may remain.

If one charge was dismissed but another resulted in a conviction, the analysis may be different. An attorney should review the entire case before deciding which expungement process applies.

The goal is to determine what relief your case qualifies for and make sure the necessary order is properly entered.

What Can You Do if a Dismissed Case Continues to Appear on a Background Check?

Start by finding out exactly what the report says and where the information came from.

Get a Copy of the Report

Ask for the actual background report. Look for the case number, charge, dates, and outcome. Check whether the report says “dismissed,” incorrectly lists a conviction, or belongs to someone else.

Gather Your Court Documents

Obtain the dismissal order and any expungement order. If an expungement was granted, confirm that it has taken effect.

Dispute Incorrect or Incomplete Information

Send a written dispute to the background reporting company. Explain the error and include copies of the supporting court documents. Keep copies of your dispute and any responses.

A dismissal does not always require removal of an otherwise reportable record. But a report must accurately reflect the dismissal. Sealed or expunged records should not appear in ordinary tenant screening reports.

Ask for a Corrected Report

If the company corrects the error, ask it to send the corrected report to the employer. Let the employer know that you disputed the information.

When an employer plans to reject you based on a report from a background reporting company, federal law generally requires it to first provide a copy of the report and a summary of your rights. This gives you an opportunity to review the information before the final decision.

Get Legal Help if the Problem Continues

The Bellinger Law Office can help determine whether you need an expungement, whether the court’s order was implemented, or whether the reporting company is violating your rights.

Protecting Your Next Opportunity

A dismissed criminal case should be reported accurately. Before applying for a new job or apartment, consider checking your records and addressing any problems early.

At the Bellinger Law Office, I bring more than 20 years of legal experience to reviewing your circumstances and explaining your options in plain English. We can review your dismissed case, determine whether Indiana expungement relief may be available, and help you understand the next steps toward protecting your future.  You can schedule an appointment with us by calling (260) 428-2214 or by clicking on the link below.

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This article provides general information about Indiana law and is not legal advice for a specific case.