If Charges Dismissed Have Criminal Records Search: Cases & Public Records

What does “charges dismissed” actually mean?

A dismissal means the criminal charge ended without a conviction on that charge. Depending on the case, a prosecutor may dismiss the charge, a judge may dismiss it, the charge may be dropped as part of another case resolution, or another procedural rule may cause the charge to end.

The important point is that dismissed is a disposition. It does not mean the arrest, criminal complaint, indictment, docket or case file never existed.

A dismissed charge can appear in several different record systems

There is no single U.S. “criminal record.” Different agencies can retain different pieces of information about the same event.

Will a dismissed charge still show in court records?

It often can. Public court systems frequently preserve the case history showing that charges were filed and later dismissed. That is important because the dismissal itself helps explain what happened to the accusation.

For example, a case history might show:

An arrest record does not automatically disappear when the case is dismissed

The arresting police department or sheriff created the arrest record before the court decided what would happen to the charge. A later dismissal therefore does not necessarily erase the underlying arrest data.

The same principle applies to fingerprint-supported state or federal criminal-history records: the record may contain both the arrest and the later disposition.

Can a dismissed charge remain on an FBI Identity History Summary?

Yes. The FBI explains that an Identity History Summary can contain arrest information and dispositions submitted by criminal-justice agencies. A disposition is the result of the arrest, including whether a person was charged, convicted or acquitted.

This means that a fingerprint-supported arrest can remain in the FBI criminal-history system together with a later non-conviction disposition such as dismissal, depending on what information was submitted by the responsible agencies.

What if the FBI record does not show the dismissal?

The FBI allows individuals to challenge information they believe is inaccurate or incomplete. The FBI recommends identifying the disputed information and submitting available proof, such as a court docket or disposition order.

Nonfederal sealing or expungement questions should generally be directed to the state identification bureau where the offense occurred because state record-clearing rules vary.

Can a dismissed charge appear on a background check?

It can, depending on the type of background check, the age of the record, applicable federal law, state law and whether the record has been sealed or expunged.

The Consumer Financial Protection Bureau has emphasized that consumer reporting companies must use reasonable procedures to make criminal-record information accurate and complete.

Official guidance: CFPB — Fair Credit Reporting: Background Screening.

How long can a dismissed charge appear on a consumer background report?

Under the federal Fair Credit Reporting Act, non-conviction criminal information is generally subject to reporting-time restrictions.

The CFPB explains that a criminal charge that does not result in a conviction generally cannot be reported by a consumer reporting company beyond the applicable seven-year period, subject to the federal rule and any stronger state restrictions.

Dismissed, sealed and expunged do not mean the same thing

This distinction is one of the most important things to understand before trying to clear a record.

The National Conference of State Legislatures notes that states use many different terms for record clearing—including expungement, sealing, set-aside, annulment and vacatur—and those terms can have very different legal effects from state to state.

Some states automatically clear qualifying dismissed cases

Record-clearing law has changed significantly in many states. Some jurisdictions now automatically seal or clear certain non-conviction cases after a dismissal or after specified eligibility conditions are met.

Other states still require the person to:

• file a petition with the court
• serve the prosecutor or law-enforcement agency
• pay a filing fee or request a waiver
• wait a required period
• meet offense-specific eligibility rules
• obtain a signed sealing or expungement order

How to check whether your dismissed charge still appears

A certified disposition is one of the most useful documents to keep

If a criminal charge was dismissed, obtain a copy of the final court disposition showing the dismissal. A certified copy can be particularly useful when another government agency or background company shows incomplete information.

Ask the clerk for the document that shows:

• your full name
• court case number
• charge or count
• date of disposition
• dismissal or equivalent outcome
• court certification when needed

What to do if a background or criminal-history record still shows the charge as pending

Sometimes the dismissal happened in court but was not transmitted correctly to another criminal-history system.

The FBI allows people to challenge information in their Identity History Summary if it is inaccurate or incomplete. Supporting court documents can be included with the challenge.

Do you have to tell an employer about a dismissed charge?

There is no single nationwide yes-or-no answer because the wording of the application, state law, local “ban the box” rules, industry regulations and the status of the record can all matter.

Read the exact question carefully. These questions are very different:

• “Have you ever been convicted?”
• “Have you ever been arrested?”
• “Have you ever been charged?”
• “Do you have any pending criminal charges?”
• “Have you ever been convicted of a felony?”
• “Have you had a record sealed or expunged?”

Employers using a third-party consumer report generally must comply with the Fair Credit Reporting Act, including obtaining written permission and providing required notices before taking adverse action.

Dismissed charges can also create tenant-screening problems

Tenant background reports can include criminal public records. Federal consumer-protection rules require screening companies to use reasonable procedures to ensure the information is accurate.

The FTC specifically advises consumers to check whether a criminal case in a tenant-screening report includes the correct and most current disposition, such as a dismissal.

Dismissed federal charges can remain visible in PACER

Federal criminal cases are searched through PACER. PACER provides public access to federal court dockets and documents.

If a federal criminal charge is dismissed but the case remains public, the PACER docket can continue to show the filing history and dismissal.

The answer changes significantly from one state to another

State law controls much of what happens after a dismissal. One state may automatically seal a dismissed misdemeanor case, while another may require a petition. Another state may leave the public court docket visible but restrict criminal-history dissemination.

Before deciding that a dismissed charge has been “cleared,” verify all of these:

• court docket access
• state criminal-history repository
• arresting police or sheriff record
• county jail booking record where applicable
• FBI Identity History Summary where applicable
• state sealing or expungement eligibility
• automatic record-clearance law
• consumer background reports

Practical tips after a criminal charge has been dismissed

Official resources for checking, correcting and clearing a dismissed record

• FBI — Arrest Dispositions and Criminal History Records
• FBI — Identity History Summary Checks
• FBI — Identity History Summary FAQ and Challenge Process
• PACER — Federal Court Records
• PACER — Sealed Records FAQ
• CFPB — Fair Credit Reporting and Background Screening
• FTC — Disputing Errors in Background Reports
• CFPB — Employment Background Checks
• NCSL — State Record-Clearing Laws