Do Dropped Charges Show Up on a Background Check? A Complete Guide

Ever wondered, “Do dropped charges show up on a background check?” It’s a common concern for job seekers with a complicated legal past. Even if charges were dismissed, the fear of them showing up during the hiring process can be stressful.

With over 94% of employers conducting background checks, understanding what appears on your record is essential. Let’s break down how dropped charges are reported and what it means for your job prospects.

Understanding Dropped and Dismissed Charges

Before we can fully address whether dropped charges show up on a background check, we need to understand what these terms mean in the legal system.

What are Dropped Charges?

Dropped charges happen when a prosecutor decides not to move forward with a case, usually before it reaches trial. This can be due to weak evidence, unreliable witnesses, procedural errors, or shifting priorities within the prosecutor’s office. While dropped charges mean the case is closed and you’re no longer facing conviction, they don’t always disappear entirely. In some cases, charges can be refiled later if it’s within the statute of limitations.

What are Dismissed Charges?

Dismissed charges happen when a judge ends a case due to issues like insufficient evidence, constitutional violations, lack of probable cause, or mishandled evidence. Unlike dropped charges, which are decided by prosecutors, dismissals are court-ordered. They may be “with prejudice,” meaning the case can’t be brought back, or “without prejudice,” which allows the prosecution to refile within the statute of limitations.

How Background Checks Work

When employers conduct background checks, they’re looking for information that helps them assess the risk of hiring a particular candidate. But not all background checks are created equal.

Types of Background Checks

Background checks vary widely in their scope and depth:

• Basic criminal history checks: Focus on convictions, often limited to specific counties
• Comprehensive background investigations: Include multiple jurisdictions and may reveal non-conviction information
• FBI background checks: Access the national fingerprint database, required for certain government positions
• Industry-specific screenings: Include checks mandated by regulations in healthcare, finance, education, etc.
• Third-party background check services: Commercial services that compile information from various public sources

Each type of check accesses different databases and has different reporting standards, which affects whether dropped charges will appear.

What Information Appears on Background Checks

Background checks can reveal various aspects of your criminal history, including:

• Arrest records and bookings from law enforcement agencies
• Court proceedings, including case filings and dispositions
• Conviction information, including sentencing details
• Non-conviction information, potentially including dropped or dismissed charges
• Incarceration records from jails and prisons

The visibility of dropped charges depends largely on how the background check company obtains and reports information. Some focus solely on convictions, while others report any interaction with the criminal justice system.

The Legal Framework Governing Background Checks

Several laws regulate how criminal history information can be used and reported:

Fair Credit Reporting Act (FCRA)

Under the Fair Credit Reporting Act (FCRA), employers must get written consent before running a background check, notify applicants if the results may affect hiring decisions, and allow them to dispute inaccurate information. In many cases, non-conviction records like dropped charges can’t be reported after seven years.

Equal Employment Opportunity Commission (EEOC)

The EEOC advises employers not to use arrests without convictions as automatic disqualifiers. Instead, they should consider the nature of the offense, how much time has passed, and whether the charges are relevant to the job in question.

“Ban the Box” laws

“Ban the Box” laws in many states limit when and how employers can ask about criminal history. They often remove these questions from initial applications, delay background checks, and require individualized assessments that consider rehabilitation and other factors.

These laws create a complex patchwork of regulations that vary by location, affecting whether and how dropped charges appear on background checks.

Do Dropped Charges Show Up on Background Checks?

Now to the central question: Will those dropped charges appear when a potential employer runs a background check? The answer isn’t a simple yes or no.

Factors Affecting Whether Dropped Charges Appear

Several factors influence whether dropped charges show up on background checks:

1. Type of background check: More comprehensive checks are more likely to reveal dropped charges
2. State laws: Some states restrict the reporting of non-conviction information
3. Age of the record: Older dropped charges are less likely to appear due to reporting limitations
4. Record status: Expunged or sealed records typically won’t appear
5. Industry requirements: Certain industries have more stringent background check requirements

Understanding these factors can help you anticipate what might appear on your background check.

Situations Where Dropped Charges May Appear

Dropped charges are more likely to show up in these circumstances:

• Arrest records remain in databases: Even when charges are dropped, the initial arrest record may still exist in law enforcement databases
• Court records include case filing: Court records typically document the entire case, including the initial filing and subsequent dismissal
• Recent incidents: More recent dropped charges are more likely to appear than older ones
• Comprehensive background checks: In-depth investigations that access multiple data sources are more likely to uncover dropped charges
• Specific industry requirements: Jobs in healthcare, education, or finance often have more thorough background check requirements

These situations can result in dropped charges appearing, even though they didn’t lead to a conviction.

Situations Where Dropped Charges May Not Appear

Conversely, dropped charges are less likely to appear in these scenarios:

• Records have been expunged or sealed: If you’ve successfully petitioned to have records expunged or sealed, they typically won’t appear on standard background checks
• Basic background checks: Simpler checks that focus only on convictions may not reveal dropped charges
• States with strict limitations: Some states prohibit the reporting of non-conviction information
• Significant time has passed: Many background check companies don’t report arrests or charges after 7-10 years
• “Ban the Box” jurisdictions: Areas with strong fair chance hiring laws may limit what employers can consider

These factors can help protect your privacy and prevent dropped charges from affecting your employment opportunities.

The Impact of Dropped Charges on Employment

Even when dropped charges do appear on a background check, their impact on your employment prospects isn’t always negative. Understanding how employers view and consider this information can help you navigate the job search process more effectively.

How Employers View Dropped Charges

Most employers understand that dropped charges don’t mean guilt, but their response can vary based on the seriousness of the charges, how recent they are, their relevance to the job, industry standards, and company policies. Many take a case-by-case approach, recognizing that the justice system isn’t perfect and charges can be dropped for valid reasons.

Managing Your Criminal Record

Managing your criminal record can boost your job prospects, especially if you have dropped charges. Request your official record, check for errors, and note anything that might appear in a background check. This knowledge helps you address potential concerns before they affect your chances.

Many states allow you to expunge or seal dropped charges. These steps can hide records from most employers and improve your chances of getting hired. Eligibility depends on the offense, the time passed, and having no new charges.

Addressing Dropped Charges During the Job Search

Even if your dropped charges do appear on a background check, how you address them can make a significant difference in how potential employers perceive them.

When and How to Disclose Dropped Charges

When it comes to disclosing dropped charges, timing and approach matter. You might choose to disclose before a background check to show honesty, after a conditional offer, or when directly asked. If a background check flags the issue, be ready to explain.

Keep your explanation brief and factual, emphasize that the charges were dropped, and take responsibility if needed. Highlight personal growth and redirect the conversation to your qualifications. A thoughtful, honest approach can ease employer concerns.

Legal Rights During the Hiring Process

If a background check reveals dropped charges, you have specific rights:

• Pre-adverse action notice: Before rejecting you based on background check results, employers must provide notice
• Copy of the report: You’re entitled to see the information used to make decisions about you
• Opportunity to respond: You should have time to explain or dispute information in the report
• Post-adverse action notice: If ultimately rejected, employers must provide formal notice of the decision

Understanding and asserting these rights can help ensure fair consideration despite dropped charges on your record.

Taking Control of Your Background Check Information

Being proactive about your background check information puts you in a stronger position during the job search process.

Proactive Steps Before Applying for Jobs

Taking these steps before beginning your job search can help prevent problems:

1. Run a background check on yourself: Use a reputable service to see what employers will see
2. Correct errors in your records: File necessary paperwork to fix inaccuracies
3. Consider expungement or sealing: If eligible, start these processes early
4. Gather documentation: Collect court papers showing charges were dropped
5. Prepare your explanation: Develop a clear, concise way to explain dropped charges if needed

These preparations can help you approach the job search with confidence.

Conclusion

Dropped charges don’t always stay in the past—depending on the type of background check, they can still appear and influence hiring decisions. While they don’t indicate guilt, their presence may raise questions for employers, especially in regulated industries. Understanding your rights, taking proactive legal steps, and being prepared to address your history can help you move forward with confidence.

Need help understanding what might show up on your background check? Sapphire Check can guide you through the process. Whether you’re an employer aiming to stay compliant or a job seeker reviewing your record, our reliable screening services offer clarity, accuracy, and peace of mind. Contact us today to take control of your background information.

FAQs

If charges are dismissed, do you have a criminal record?

Yes, you still have a criminal record even when charges are dismissed, as the arrest and court proceedings remain documented in the legal process and official public records unless they’re expunged or sealed.

How long do dropped charges stay on your record?

Without expungement or sealing, dropped charges can remain on your record indefinitely, though many criminal background checks won’t report them after 7-10 years due to FCRA guidelines and state laws.

Will dismissed cases hurt job chances?

Dismissed cases may affect employment based on legal considerations, how dismissed charges were resolved (including through a plea deal), past legal issues, and whether employers consider them a deciding factor.