Why is a dismissed case on my background check?

Asked by: Emilio D'Amore  |  Last update: February 15, 2026
Score: 4.5/5 (14 votes)

A dismissed case appears on a background check because the arrest and court records are public, and unless you get them expunged or sealed, the details of the initial charge and dismissal remain accessible in public databases that screening companies search. While the case wasn't a conviction, the event itself (arrest, filing of charges) still exists as a public record, and background checks often capture these non-conviction records, sometimes for several years.

Does a dismissal go on your record?

While a dismissal means that the defendant is no longer facing charges, the arrest record and charges may still appear on their criminal record. This can impact future employment opportunities, housing applications, and more.

Does a dismissed case look bad?

Even though the case is dismissed, the arrest itself is documented and can have lasting effects. But despite the fact that you were not convicted, the records still show the world that you were accused of something bad. These records can appear on a background check, potentially affecting your job prospects.

What does "dismissed" mean on a background check?

When the evidence presented by prosecutors is not compelling enough to warrant a conviction, the charge or case may be dismissed, which means your criminal record will indicate that although you were charged with a crime, you were not convicted or "found guilty" of the offense alleged against you.

What does "dismissed" mean on a record?

In dismissed cases, the charges are dropped, but there still is a public record of the case. In expunged cases, the entire case is removed from the public record. It cannot be found in any public database maintained by the Judiciary and it cannot be disclosed by court staff.

My case was dismissed so why is it still showing up in a background check.

22 related questions found

Do dismissed cases show on background?

Do Dismissed Charges Show Up on a Background Check in CA? Yes, in California, even criminal arrests or charges that did not result in a conviction can still potentially show up on background checks.

What happens after being dismissed?

(3) If the employee is dismissed, the employee should be given the reason for dismissal and reminded of any rights to refer the matter to a council with jurisdiction or to the Commission or to any dispute resolution procedures established in terms of a collective agreement.

How long do dismissed cases stay on record?

A dismissed case generally stays on your public record permanently unless you take legal action (expungement or sealing) to remove or hide it, as a dismissal doesn't automatically erase the arrest record. The time and process to get it sealed or expunged vary by state and offense, often requiring a waiting period (e.g., 1-7 years after case conclusion) and a court petition, but it's crucial for removing barriers to employment or housing.
 

Can you get a job if you have been dismissed?

Explaining your dismissal to a new employer

It's best to be honest with a new employer if they ask why you left a role. If they know you've been dismissed for poor performance or 'misconduct' (when your employer says you've done something wrong), there's a risk they might not offer you a job.

How does dismissal affect my future?

Termination can occur for a multitude of reasons and most often, the reasons remain undisclosed to your next employer. Especially when the termination occurs due to job cuts, budget cuts, mergers, layoffs, or changes in internal structure and policy, there is little possibility of it affecting your future work.

Will a dismissed case affect my security clearance?

This means that being charged with a crime, even if you are ultimately found not guilty, can still impact your security clearance status.

What happens if you get dismissed?

When you get sacked (fired), you're typically called into a meeting with HR/your manager, informed of the termination (often escorted out), and must return company property; you'll receive your final pay (including owed vacation/PTO), but may or may not get severance, depending on the reason for dismissal, with a key next step being to understand your rights and apply for unemployment benefits.
 

Is it good to have your case dismissed?

Yes, it's great to have your case dismissed and you can truthfully claim you have never been convicted of a crime on job applications. However, it will still appear on your criminal record. You should consult with a local criminal attorney for advice on an expungement.

What happens if your case gets dismissed?

When a case is dismissed, the court case is officially terminated, meaning the defendant isn't convicted or sentenced, but it doesn't automatically erase the record; it can be permanently closed (dismissed with prejudice) or reopened later (dismissed without prejudice) depending on the reason, with the latter often resulting from procedural issues or lack of evidence, while the arrest record may still appear on background checks unless expunged or sealed, notes Illinois Legal Aid Online, Smith Jordan Law, and Tung and Associates. 

Does getting fired from a job show up on a background check?

A standard background check usually won't reveal why you were fired, focusing more on criminal history and verifying employment dates/titles, but a potential employer can learn you were terminated through reference calls, direct questions, or deeper employment verification, though former employers often limit disclosure due to fear of lawsuits. They typically confirm your employment dates and job title, but may only say if you're "eligible for rehire" or remain silent on the reason to avoid defamation claims. 

What counts as being dismissed?

You've been dismissed if your employer has done any of the following: ended your contract of employment, with or without notice. refused to renew your fixed-term contract. made you redundant, including voluntary redundancy.

Can a job not hire you for a dismissed case?

While a dismissed charge is not equivalent to a conviction, it still raises concerns for potential employers. The degree of impact depends on the employer's view, the type of job, and the legal context.

Can you go back to a company after being dismissed?

Yes, you can get rehired after being fired, but it depends heavily on the company's policy, the reason for your termination (e.g., poor performance vs. misconduct), and your relationship with HR/management, with some companies having "do not rehire" flags, while others view "boomerang" employees as valuable assets for cost savings and experience. It often requires demonstrating significant growth, time passed (sometimes a mandatory wait), and a strong explanation, though severe issues like theft usually bar rehire. 

What are 5 fair reasons for dismissal?

The five fair reasons for dismissal under UK employment law are Conduct, Capability/Qualifications, Redundancy, Breach of a Statutory Duty/Restriction, and Some Other Substantial Reason (SOSR), each requiring a fair process, like investigation, warnings, and consultation, to avoid unfair dismissal claims. These reasons cover employee behavior, inability to do the job (skill/health), role elimination, legal constraints, and other significant business needs. 

Will a dismissed case be a problem in the background?

In California, dismissed charges can show up on background checks. However, the information displayed may vary depending on the type of background check conducted. For instance, more detailed checks might show dismissed charges, while basic checks might not.

Is my life ruined if I get a misdemeanor?

A misdemeanor won't necessarily ruin your life, but it can have significant, long-lasting impacts on employment, housing, education, and professional licensing, though these effects often lessen over time and can sometimes be expunged or sealed. While it's not as severe as a felony, a conviction creates a criminal record that can show up on background checks, making it harder to get certain jobs or loans, but many employers overlook misdemeanors, especially after several years or if the conviction is expunged. 

How to tell if a case is dismissed?

5 Telling Signs Your Criminal Case Will Be Dismissed

  1. Sign #1: Procedural Errors Were Made By Police or Prosecutors. ...
  2. Sign #2: The Prosecution's Evidence is Weak. ...
  3. Sign #3: There are Statute of Limitations Issues. ...
  4. Sign #4: Prosecutorial Misconduct. ...
  5. Sign #5: The Court Has No Jurisdiction in Your Case.

How long does a dismissed case stay on your record?

A dismissed case generally stays on your public record permanently unless you take legal action (expungement or sealing) to remove or hide it, as a dismissal doesn't automatically erase the arrest record. The time and process to get it sealed or expunged vary by state and offense, often requiring a waiting period (e.g., 1-7 years after case conclusion) and a court petition, but it's crucial for removing barriers to employment or housing.
 

What are the three types of dismissals?

3 Forms of Dismissal in SA Labour Law

  • Dismissal due to Misconduct.
  • Dismissal due to Incapacity.
  • Dismissal due to Operational Requirements.

What is the 3 month rule in a job?

The "3-month rule" in a job refers to the common probationary period where both employer and employee assess fit, acting as a trial to see if the role and person align before full commitment, often involving learning goals (like a 30-60-90 day plan) and performance reviews, allowing either party to end employment more easily, notes Talent Management Institute (TMI), Frontline Source Group, Indeed.com, and Talent Management Institute (TMI). It's a crucial time for onboarding, understanding expectations, and demonstrating capability, setting the foundation for future growth, says Talent Management Institute (TMI), inTulsa Talent, and Talent Management Institute (TMI).