Will a dismissed case affect my security clearance?
Asked by: Joe Osinski PhD | Last update: February 19, 2026Score: 4.8/5 (47 votes)
Yes, a dismissed case can affect your security clearance because the arrest and charges often still appear on background checks, even if there was no conviction, requiring you to disclose it and potentially raising concerns depending on the nature of the original accusation, the circumstances, and mitigating factors. While a dismissal isn't an automatic disqualifier, honesty and thorough documentation are crucial, as the government investigates the conduct behind the charges, not just convictions, making a sealed or dismissed record less effective against federal review than state-level records.
Can you get a security clearance with dismissed charges?
Arrests, charges, diversions, and even credible allegations of misconduct can trigger a clearance denial or revocation. The government doesn't need a conviction to view you as a risk. Even if your record is sealed, expunged, or dismissed, adjudicators may still consider the underlying conduct.
Do dismissed charges count against you?
If you're wondering, “Is a dismissed case a conviction in California?”, the answer is no. However, even if the criminal charges against you have been dropped and the case is dismissed, that doesn't mean you may not still be impacted.
Why is a dismissed case on my background check?
Dismissed cases may still appear on background checks depending on the reporting agency and jurisdiction. While a dismissal generally means no conviction, some records remain visible and can influence licensing authorities. Applicants should obtain a copy of their criminal record to verify accuracy.
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.
How does a bankruptcy affect your security clearance?
How long does a dismissed court 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 happens if I get 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.
What causes a red flag on a background check?
Red flags on a background check are inconsistencies or negative findings like criminal history (especially violent or financial crimes), employment/education discrepancies (lying about degrees or dates), poor credit, failed drug tests, or unprofessional social media that raise concerns about a candidate's integrity, judgment, or suitability for a role. Major red flags include criminal records, dishonesty, financial irresponsibility (for financial roles), and substance abuse issues.
Can police see dismissed charges?
Law Enforcement (Police) Access to Expunged Records
Expunged charges are removed from public police records, but law enforcement may still have limited access in specific ways. By law, after an expungement is granted, the charge is “deleted” from the records of law enforcement agencies and other government databases.
Do employers care about dismissed charges on Reddit?
But the criminal background check, if it's done by a competent agency, will show the most current state of your case if it's reportable. If it was dismissed, it likely won't even show up in your results; crim checks are concerned with convictions only.
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.
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.
What's it called when a case is dismissed?
Common dispositions are: Convicted: means you have plead or been found guilty by a court of law. Acquitted: means you have been found not guilty by a court of law in a criminal trial. Dismissed: means the court or prosecutor has decided the charge against you should not go forward, terminating the case.
What automatically disqualifies you from a security clearance?
What's an Automatic Disqualifier for a Security Clearance? Outside of requiring American citizenship, there is only one thing that is an automatic disqualifier for obtaining a federal security clearance – current, ongoing use of an illegal drug.
What will fail a security clearance?
In the security vetting process, one common issue that can arise is when individuals fail to meet the criteria for security clearance. This can happen due to various reasons, such as insufficient proof of identity, inadequate proof of address, and lack of right to work.
How far back do they look for security clearance?
If not back 10 years, it will slow down the processing time of your background investigation. The SF-86 form requests information back 7 years for employment and residence; however, to comply with the investigative standards, 10 years is required.
How long does a dismissed case 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.
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 is the hardest background check to pass?
The hardest background checks are typically US government security clearances (especially Top Secret/SCI) and those for high-level law enforcement, involving deep dives into criminal, financial (credit), employment, and personal history (interviews with associates) via extensive forms like the SF-86, far exceeding standard employment screening. These checks scrutinize all life aspects for integrity, reliability, and potential security risks, often requiring disclosure of past drug use, financial issues, and undisclosed criminal records, making them incredibly difficult to pass if issues exist.
What looks bad on a background check?
Things that look bad on a background check include criminal records (especially job-related offenses), significant inconsistencies on resumes (like falsified degrees or job titles), frequent job hopping, unexplained employment gaps, poor credit (for financial roles), negative social media activity (hate speech, unprofessionalism), and failed drug/driving tests, all suggesting dishonesty, instability, or risk to the employer.
What will disqualify you on a background check?
Disqualifying offenses in background checks typically involve serious crimes like violent offenses (murder, assault, kidnapping), sexual offenses (child molestation, sexual assault), major drug felonies (trafficking, manufacturing), and financial crimes (fraud, money laundering), especially for roles involving vulnerable populations or federal security, but can also include poor credit, drug use, domestic violence, and inconsistent application info, depending on the job and state laws. Federal and state laws mandate disqualifications for specific offenses, while employers often have their own criteria, considering the nature, recency, and relevance of the offense to the job.
What is the most common reason for failing a background check?
The most common reasons for failing a background check are criminal history, inaccuracies on your resume (like faking education or experience), and failing a drug test, with other frequent issues including a poor driving record, bad credit, or unverifiable information. A criminal record, especially for theft, violence, or fraud, is a major disqualifier, as are lies about your past, but many minor offenses from long ago may be overlooked.
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.
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.
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.