Facing a legal case can be stressful, but having it dismissed can feel like a big relief. However, many people wonder, “When a case is dismissed, is it still on your record?” The short answer is yes; even though the case is dismissed, it can still appear on your criminal record unless certain actions are taken. This can be confusing for those who assume that a dismissal means the case simply goes away.
In this article, we’ll break down what it means when a case is dismissed, whether it remains on your record, and how you can potentially remove it. We’ll also cover the different types of dismissals and what they mean for your future, particularly regarding background checks for jobs, housing, and other areas of life.
What Does It Mean When A Case Is Dismissed?
When a case is dismissed, it means the court has decided to end the legal process without a conviction. This can happen for a variety of reasons, including lack of evidence, procedural issues, or an agreement between the prosecution and defense.
There are two main types of case dismissals:
- Dismissed with prejudice: This type of dismissal means the case is permanently closed, and the prosecution cannot bring the charges again. It is considered final.
- Dismissed without prejudice: In this case, the charges are dismissed, but the prosecution may have the option to refile the case in the future if new evidence comes to light.
While a dismissal is a positive outcome, it does not mean the case automatically disappears from your record. This is where things can get complicated.
Does a Dismissed Case Stay on Your Record?
Yes, a dismissed case can remain on your record. Even though you were not convicted, the fact that you were charged with a crime and went through the legal process will show up on your criminal record. This record may include details like the date of your arrest, the charges brought against you, and the fact that the case was dismissed.
While this information does not mean you were found guilty, it can still raise red flags during background checks for employment, housing, or other important areas of life. For many people, seeing a dismissed case on their record can be surprising and frustrating, especially when they believe the dismissal meant a clean slate.
How Does a Dismissed Case Affect Your Record?
When a case is dismissed, it’s important to understand how it may affect your record and how others may view it. Here are a few key areas where a dismissed case can still have an impact:
1. Employment Background Checks
Employers often conduct background checks as part of the hiring process. If a dismissed case appears on your record, potential employers may still see it. Although it shows that the case was dismissed and you were not convicted, some employers may still view it negatively or ask questions about the incident. In some industries, particularly those involving security, finance, or working with vulnerable populations, even a dismissed case could make it harder to get hired.
2. Housing Applications
Landlords often run background checks before approving a rental application. A dismissed case on your record might raise concerns for landlords, even though the charges did not lead to a conviction. In some competitive housing markets, a dismissed case could put you at a disadvantage compared to other applicants.
3. Loan or Credit Applications
While less common, some financial institutions may consider your criminal record when approving loans or credit applications. A dismissed case is not as damaging as a conviction, but it could still influence their decision, especially for larger loans like mortgages.
4. Professional Licenses
For certain professions, such as lawyers, doctors, and teachers, having any kind of criminal record—even a dismissed case—can affect your ability to obtain or maintain a professional license. Licensing boards often conduct thorough background checks and may require you to explain the circumstances surrounding the dismissed case.
Can You Remove a Dismissed Case from Your Record?
The good news is that in many states, it’s possible to have a dismissed case removed from your record through a legal process called expungement or sealing. Expungement essentially wipes the case from your public record while sealing limits on who can access the information.
1. Expungement
Expungement is the process of clearing a dismissed case from your criminal record. Once a case is expunged, it no longer appears on background checks for most employers, landlords, or other entities. However, not all states allow for expungement of dismissed cases, and the eligibility criteria vary.
To qualify for expungement, you typically must meet certain conditions, such as:
- The case was dismissed without a conviction.
- You have no other criminal charges pending.
- A certain amount of time has passed since the dismissal (this varies by state).
Once expunged, you can legally state that you were never charged with the crime in question.
2. Sealing Your Record
In some cases, you may not qualify for expungement, but you may be able to have your record sealed. When a record is sealed, the details of the case are no longer accessible to the general public, but certain entities (like law enforcement or government agencies) can still see it.
Sealing your record can be a good option if you want to limit who can view your dismissed case, especially for employment and housing purposes.
How to Expunge or Seal a Dismissed Case
If you want to remove a dismissed case from your record, here are the steps you’ll typically need to follow:
1. Check Your Eligibility
The first step is to determine whether you are eligible for expungement or sealing in your state. The laws surrounding expungement vary, so it’s important to research your state’s requirements. In many states, dismissed cases are eligible for expungement, but some states may have additional restrictions.
2. File a Petition
If you’re eligible, you’ll need to file a petition for expungement or sealing with the court where your case was originally heard. This involves completing paperwork, submitting court fees, and providing documentation of your case dismissal.
3. Attend a Court Hearing
In some cases, the court may schedule a hearing where you’ll have to explain why you want the case expunged or sealed. This hearing gives the judge a chance to review your case and make a decision. You may also need to show that expunging or sealing your record is in the best interest of your future.
4. Receive the Court’s Decision
If the court grants your petition, the case will be expunged or sealed. This means the record will either be erased or hidden from public view, and it will no longer appear on most background checks. If the petition is denied, the case will remain on your record, but you may have the option to refile at a later date.
Types of Dismissals and Their Impact on Your Record
As mentioned earlier, not all case dismissals are the same. The type of dismissal can influence whether the case stays on your record and how it is perceived by others:
1. Dismissal With Prejudice
When a case is dismissed with prejudice, it is permanently closed, and the charges cannot be refiled. This type of dismissal is considered more final, and while it may still appear on your record, it can be easier to expunge or seal.
2. Dismissal Without Prejudice
A dismissal without prejudice means the charges could potentially be refiled if new evidence arises. Because of this, a dismissal without prejudice may have a bigger impact on your record, especially if the prosecution later decides to pursue the case again.
3. Voluntary Dismissal
Sometimes, the prosecution voluntarily dismisses a case, meaning they choose to drop the charges. This often happens when they realize they do not have enough evidence to convict. Like other types of dismissals, a voluntary dismissal can still appear on your record until it is expunged or sealed.
Conclusion
When a case is dismissed, it doesn’t always mean it disappears from your record. A dismissed case can still show up in background checks and affect your opportunities in areas like employment, housing, and professional licensing. However, there are ways to remove or limit the impact of a dismissed case through expungement or sealing.
If you’ve had a case dismissed and are concerned about its impact on your record, check your state’s expungement laws and take the necessary steps to clear your record. Doing so can provide a fresh start and help prevent dismissed charges from affecting your future.
FAQ’s
Q: When a case is dismissed, is it still on your record?
A: Yes, a dismissed case can still appear on your record unless it is expunged or sealed. Even though there was no conviction, the dismissal itself may show up on background checks.
Q: Can a dismissed case affect my chances of getting a job?
A: A dismissed case can appear on employment background checks, and some employers may still view it negatively, even though there was no conviction.
Q: How can I remove a dismissed case from my record?
A: You can file a petition for expungement or sealing with the court to remove or hide the dismissed case from your record, depending on your state’s laws.
Q: What is the difference between a case dismissed with prejudice and without prejudice?
A: A dismissal with prejudice means the case is permanently closed and cannot be refiled, while a dismissal without prejudice allows the prosecution to bring the case back if new evidence arises potentially.
Q: Does expunging a dismissed case remove it completely?
A: Yes, if your dismissed case is expunged, it is erased from your public record and will not show up on most background checks.
William Gall is a seasoned attorney specializing in civil litigation and family law. With a legal career spanning over two decades, William has built a reputation for his meticulous attention to detail and his unwavering commitment to justice. In addition to practicing law, he is a prolific writer, contributing regularly to various legal blogs where he shares his insights on current legal trends, case law, and best practices. His articles are well-regarded in the legal community for their thorough research and practical advice, making complex legal concepts accessible to both legal professionals and the general public.