When a Case Is Dismissed, Is It Still on Your Record?
Learn how dismissed cases may still appear in records, affect background checks, and what steps can help manage their visibility.
A dismissed case might seem like the end of a legal matter, but questions often linger about what remains on a person’s record. Even without a conviction, the record of a dismissed charge can potentially affect job prospects, housing applications, and personal reputation.
Understanding how dismissals are recorded and accessed is crucial for navigating the aftermath.
Legal Status of Dismissal
A dismissal terminates legal action without a finding of guilt or liability. This can happen for various reasons, such as procedural errors or insufficient evidence.
The key distinction lies in whether the dismissal is “with prejudice” or “without prejudice.” A dismissal “with prejudice” is final; the same claim cannot be brought again against the same defendant. This often occurs when a judge finds the case lacks merit or the parties settle. It acts as a permanent bar to future litigation on that specific issue, based on the principle of res judicata, preventing the relitigation of judged matters.
Conversely, a dismissal “without prejudice” allows the prosecutor or plaintiff to refile the case later, provided the statute of limitations has not expired. This might happen due to correctable procedural mistakes or if more time is needed to gather evidence. The immediate case is closed, but the possibility of future legal action on the same claim remains.
Records Maintained by the Court
Court proceedings generate an official file containing documents like the initial charges, motions, orders, and a docket sheet logging all actions. Even when a case is dismissed, these documents typically remain part of the court’s official records, managed by the court clerk.
These records, including those for dismissed cases, are generally public information. Anyone can usually view the case file unless it has been legally sealed or expunged. The file will clearly state the final outcome, indicating the dismissal. Access often involves visiting the courthouse clerk’s office or using online court portals, where available.
Courts follow retention schedules dictating how long case files must be kept, which vary by jurisdiction and case type. Dismissed case files might be retained for different periods than conviction records, sometimes shorter, sometimes the same. After the retention period, files may be destroyed, though an index entry noting the case’s existence and dismissal might persist unless formally expunged or sealed.
Disclosure in Background Checks
A dismissed case may still appear on background checks. Companies conducting these checks often pull information from public court records, which document the case from its start through dismissal.
The Fair Credit Reporting Act (FCRA) regulates what consumer reporting agencies (CRAs), the companies compiling background checks, can report. Generally, the FCRA prohibits reporting arrests that did not lead to conviction if the arrest is over seven years old.1Cornell Law School Legal Information Institute. 15 U.S. Code § 1681c – Requirements Relating To Information Contained In Consumer Reports This seven-year period usually starts from the arrest date. However, this limitation often doesn’t apply for jobs paying over $75,000 annually. The FCRA does not limit the reporting of convictions, though state laws may add restrictions.
CRAs reporting on a dismissed case must use reasonable procedures to ensure accuracy, which includes reporting the dismissal itself.2Federal Trade Commission. Using Consumer Reports: What Employers Need To Know Reporting only the charge without the dismissal could be deemed misleading under the FCRA. Still, outdated or incomplete information can sometimes appear due to database update delays.
The Equal Employment Opportunity Commission (EEOC) provides guidance on using criminal history in employment. The EEOC advises that an arrest record alone isn’t proof of misconduct and that basing hiring decisions solely on arrests may violate anti-discrimination laws.3U.S. Equal Employment Opportunity Commission. Enforcement Guidance On The Consideration Of Arrest And Conviction Records In Employment Decisions Employers are encouraged to conduct individualized assessments, considering the nature of the underlying conduct, its age, and its relevance to the job, rather than using blanket policies against applicants with any record, including dismissals.
Sealing or Expunging
Even after dismissal, the record of an arrest and court case remains public unless steps are taken to restrict access through sealing or expungement. These legal processes aim to remove the dismissed case from easy public view. Dismissed cases are generally more likely to qualify for these remedies than convictions.
Individuals typically initiate the process by filing a petition with the court that handled the case. Eligibility depends on factors like the original charge, the reason for dismissal, and the individual’s subsequent criminal history. Some jurisdictions require a waiting period after dismissal, while others allow immediate application. Filing fees are common, though waivers may be available.
Sealing generally makes the record inaccessible to the public, including most employers and landlords, but it may remain available to law enforcement and certain government agencies. Expungement can sometimes mean physical destruction of the record, or it may function like sealing, removing public access while preserving the record for limited official use. The exact definitions vary by state.
Successfully sealing or expunging a dismissed case means the record is treated as if it never existed for most public purposes. Individuals can often legally deny the arrest or charge occurred on job or housing applications, with some exceptions for specific sensitive positions. Court clerks will typically state no record exists if asked about a sealed or expunged case. Some jurisdictions are adopting automatic sealing or expungement for certain dismissed cases, eliminating the need for a petition.
Reviewing Your File
It is advisable to review your court file after a dismissal to confirm the accuracy of the record. This involves contacting the clerk of the court where the case was heard. Court clerks maintain case files and provide public access to non-confidential records. You can usually view the file in person or request copies, often for a fee. Some courts offer online access through systems like the federal PACER or state equivalents.4United States Courts. Public Access To Court Electronic Records (PACER)
Examining the file allows you to verify that the dismissal is correctly recorded, including whether it was “with prejudice” or “without prejudice,” and that all identifying information is accurate. The docket sheet provides a chronological summary of the case.
If errors are found, such as typos or an incorrect disposition, you can inquire about the court’s procedures for requesting corrections. Reviewing the file is the first step to ensuring the official record accurately reflects the case’s outcome.
Private Databases
Beyond official court records, numerous private companies, often called data brokers, collect and sell personal information, including data scraped from public court records. These companies aggregate vast amounts of data from various sources.
A significant challenge is that these private databases operate independently of the court system. Even if a dismissed case is later sealed or expunged from official court records, there is no automatic requirement for private data brokers to update their databases. Information captured before sealing or expungement can persist in these private systems.
The Fair Credit Reporting Act (FCRA) requires entities acting as Consumer Reporting Agencies (CRAs) to ensure the accuracy of information in reports used for credit, employment, or housing decisions. This includes reporting dismissals. However, the FCRA’s reach may not cover all data brokers, and its power to force removal of sealed or expunged information from underlying private databases is limited, especially if the data was accurate when collected. Consumers can dispute inaccuracies under the FCRA, but this targets specific reports, not necessarily the broker’s entire database. Regulatory bodies like the Consumer Financial Protection Bureau (CFPB) are exploring ways to increase oversight of data brokers.5Consumer Financial Protection Bureau. Defining Larger Participants Of The Consumer Reporting Market
Consequently, information about dismissed, sealed, or expunged cases can linger in commercial databases. Removing data from these sources can be difficult, often requiring direct contact with each broker, with varying success rates. Some state laws offer consumers rights to request deletion, but navigating this landscape remains complex, highlighting a gap between legal remedies and the persistence of data online.
