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Do Dismissed Charges Show Up On Your Criminal Record?

Posted in Criminal Defense on September 19, 2019

If you or a loved one have been arrested and charged with a crime, but later had the charges dismissed, you need to know if these charges stay on your record. The answer to whether your dismissed charges show up on a criminal record is complex. When you end up in court for charges against you, a record is created in various ways. Though dismissed charges will not show a conviction, a background check will still show a record of arrest, the charges, and any court proceedings that took place. This is the case with both misdemeanor and felony charges.

Dismissed Charges

If you were arrested and charged but the case against you was dismissed, you can request that the arrest records in the case be sealed or destroyed. Under California law, you can petition the court to have your records sealed (or possibly destroyed) if:

  • You were arrested but not charged with a crime, and the statute of limitations has expired for the offense.
  • The case was dismissed and the charges cannot be refiled.
  • You were acquitted of the charges.
  • You were convicted, but the conviction was vacated or reversed on an appeal.

There are even times when you can have the charges dismissed if you were:

  • Convicted of a misdemeanor or felony offense, sentenced to probation, and have satisfied all the conditions of your sentence.
  • Convicted of a misdemeanor and received a sentence other than probation.
  • Convicted of a felony and served time in county jail.
  • Completed a diversion program.
  • Convicted of a felony and served time in state prison.

There are varying requirements for dismissal for the above cases, and the process for having them removed from your record is not the same as if you were never convicted.

Can you get charged expunged from your record?

The process of expungement allows a person to have their case reopened, the conviction set aside, and the case dismissed. This will result in the conviction no longer being shown on your record, but it will not erase the record of the fact you were arrested and faced charges. However, you will be able to say “no” if an employer asks if you have been convicted of a crime if you have received an expungement.

Is it possible to get a pardon for your crime?

A Petition for Certificate of Rehabilitation and Pardon will allow a person previously convicted of a crime to file for a certificate of rehabilitation. If a certificate of rehabilitation is issued by the court, it is forwarded to the Governor for consideration of a full pardon.

Can employers ask about dismissed charges?

No, employers cannot ask about or look for charges that have been dismissed from your record. If they find out about an arrest and previous charges that were dismissed anyway, they are not allowed to use them against you for any reason. You do not have do disclose dismissed charges to your employer or potential employer.

  • There are exceptions to this for jobs with police departments, other criminal justice agencies, and positions that require regular access to firearms or drugs.

If you have been arrested, but the charges were dismissed, be aware that they may show up on a background check. They may bring these charges up, even though they should not use them when determining your employment eligibility.