Will a Dismissed Misdemeanor Appear on a Background Check?
As someone who has been through the process of having a misdemeanor dismissed, I was surprised to find out that it could still show up on a background check. I had always assumed that once a charge was dismissed it would be like it never even happened. But the truth is, dismissed misdemeanors can stay on your record for years, and can even affect your ability to get a job or housing.
This can be a frustrating and unfair situation, especially if you have taken steps to turn your life around. But it’s important to know the facts so that you can make informed decisions about your future.
What is a Dismissed Misdemeanor?
A misdemeanor is a crime that is less serious than a felony. The definition of a misdemeanor varies from state to state, but it typically includes offenses like disorderly conduct, trespassing, and petty theft. A dismissed misdemeanor is a charge that has been dropped or dismissed by a judge. This can happen for a variety of reasons, including lack of evidence, prosecutorial discretion, or a successful motion to dismiss.
Can a Dismissed Misdemeanor Show Up on a Background Check?
The answer to this question is: it depends. There are different types of background checks, and the one that is your employer uses will dictate whether or not your dismissed misdemeanor will show up.
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Standard background checks typically only include information that is found in public records, such as criminal convictions and bankruptcies. Dismissed misdemeanors are not considered public record, so they will not appear on a standard background check.
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Enhanced background checks, on the other hand, can include information from other sources, such as arrest records and job applications. Dismissed misdemeanors may appear on an enhanced background check, even if they do not appear on a standard background check.
It is important to note that even if your dismissed misdemeanor does not appear on a background check, it may still be discoverable by a potential employer if they ask you about your criminal history during an interview. In addition, some states have laws that require employers to ask about criminal history, even if the conviction has been dismissed.
How to Get a Dismissed Misdemeanor Removed from Your Record
If you are concerned about the impact of a dismissed misdemeanor on your background check, there are a few things you can do:
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Contact the court where the charges were filed. In some cases, you may be able to file a motion to have your record expunged or sealed. This process can be complex and time-consuming, but it may be worth it if you are concerned about the impact of the charge on your future.
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Contact an attorney. An attorney can help you understand your rights and options and can advise you on the best course of action.
Conclusion
Dismissed misdemeanors can have a lasting impact on your life. It is important to be aware of the potential consequences before you plead guilty to a misdemeanor charge. If you have a dismissed misdemeanor on your record, there are steps you can take to get it removed. By taking action, you can protect your future and move on with your life.
Are you interested in learning more about the topic of dismissed misdemeanors and background checks? Let us know in the comments below.
