Will a Dismissed Misdemeanor Appear on a Background Check?
When applying for a job, renting an apartment, or even volunteering, it’s common for someone to run a background check. But what happens if you’ve had a misdemeanor that was later dismissed? Does it still show up? Let’s break this down in simple terms to help you understand how it works and what you can do.
What Is a Misdemeanor?
A misdemeanor is a type of crime that is less serious than a felony but more serious than a simple infraction. Examples of misdemeanors include shoplifting, minor drug possession, or disorderly conduct.
These charges can still carry penalties like fines, community service, or short jail time (usually less than a year). Even though it’s not as serious as a felony, a misdemeanor can still affect your life, especially when it comes to background checks.
What Does “Dismissed Misdemeanor” Mean?
A dismissed misdemeanor means that the case was dropped or thrown out before it led to a conviction. In simple words, it’s like being charged but not found guilty.
There are a few common reasons why a misdemeanor might be dismissed:
- Lack of evidence
- Witnesses didn’t show up
- You completed a diversion program
- The court decided not to move forward
Once dismissed, you are not convicted of that crime. But that doesn’t mean it disappears completely from your record.
Will Dismissed Misdemeanor Show Up on a Background Check?
Yes, a dismissed misdemeanor can show up on a background check, depending on the type of check being done and the laws in your state. Even if the charge was dismissed, the arrest record and case information may still be part of your criminal history.
Here’s a simple table to explain how it works:
| Type of Background Check | Will It Show a Dismissed Misdemeanor? |
|---|---|
| Basic employment check | Possibly |
| Government job/security clearance | Likely |
| Rental/tenant check | Possibly |
| FBI fingerprint check | Yes |
| Volunteer work (with kids/elderly) | Likely |
So, depending on who is looking, a dismissed case might still appear. The good news is that many employers and landlords understand that a dismissed case is not a conviction.
Why Does It Still Appear?
Even though the case was dismissed, the record of the arrest and court case may still exist in public databases. Background check companies collect this data from:
- Court records
- Police reports
- Public legal documents
Unless the record is sealed or expunged (more on this later), it’s available to anyone running a detailed background check.
Does a Dismissed Misdemeanor Count as a Criminal Record?
This is a common question. Technically, a dismissed misdemeanor does not count as a conviction, but it may still show up on your criminal record because you were charged and the case was processed in court.
It’s like having a note that says, “This person was accused, but the court dropped the case.”
That’s why some people are surprised when they fail a background check due to a non-conviction record.
Can It Affect Employment?
Sometimes, yes. While many employers focus only on convictions, some do take a closer look at your full criminal history, including dismissed charges.
It depends on:
- The type of job
- Company policy
- State laws
In sensitive jobs (like childcare, finance, or healthcare), even dismissed charges might raise questions. However, if the employer sees it was dismissed, they may choose not to hold it against you.
What Can You Do About It?
Here are a few steps you can take if you’re worried about a dismissed misdemeanor showing up:
1. Request Your Background Check
Before applying for a job or housing, get a copy of your own background check. This way, you’ll know exactly what others will see.
2. Check for Errors
Sometimes, old or incorrect information stays on your record. If your background check has mistakes, you can dispute them with the company that issued the report.
3. Expungement
In many states, you can expunge or seal a dismissed misdemeanor. This means it will be hidden from most background checks.
Here’s what happens when a record is expunged:
- It won’t appear on most job or rental checks
- You can legally say you’ve never been convicted
- Only some government agencies may still see it
Check with your state’s court or a lawyer to see if you qualify for expungement.
State Laws Vary
Not all states handle dismissed charges the same way. Some states automatically seal dismissed cases, while others require you to file a petition.
Here’s a quick example:
| State | Automatic Sealing of Dismissed Cases? | Expungement Available? |
|---|---|---|
| California | Yes (after certain conditions) | Yes |
| Texas | No | Yes (non-disclosure or expunction) |
| New York | No | Yes |
| Illinois | Yes (in most cases) | Yes |
Always check your local laws or speak to a legal expert.
What to Say in an Interview?
If a background check brings up a dismissed misdemeanor, be honest — but keep it simple. You can say something like:
“That was a misunderstanding, and the case was dismissed. I was never convicted of any crime.”
Most employers appreciate honesty and context, especially when you show you’ve moved forward.
Final Thoughts
A dismissed misdemeanor can appear on a background check, but it does not mean you are guilty or have a criminal conviction. While it might raise questions during a job search or rental application, many people are able to explain the situation and still move forward.
Also Read:
Frequently Asked Questions
Will a dismissed misdemeanor be on my record?
Yes, a dismissed misdemeanor can still appear on your criminal record because the arrest and court details remain even if you weren’t convicted. It stays unless the record is sealed or expunged by the court in your state.
Can a dismissed misdemeanor affect my job?
In some cases, yes. Employers may see dismissed charges during background checks, especially in sensitive jobs. While it’s not a conviction, it could raise questions, so it’s best to be honest and prepared to explain the situation.
How can I remove a dismissed charge?
You can request an expungement or record sealing through your state’s court. If approved, the record will no longer appear in most background checks. Each state has different rules, so check local laws or talk to a lawyer.
Do all background checks show dismissed cases?
Not all checks do. Basic checks may not show them, but more detailed ones, like FBI or government checks, usually will. It depends on who’s requesting the check and how deep they search into your criminal history.
Can I say “no” to criminal history questions?
If your misdemeanor was dismissed and expunged, you can legally say “no” on most applications asking about convictions. But if it’s still on record, even dismissed, it’s better to be honest if asked specifically about arrests or charges.
