Background checks are valuable tools for businesses to evaluate and verify potential employees during hiring. They enable companies to hire reliable and trustworthy people to join their teams. Background checks provide a plethora of information on a candidate, potentially including dismissed charges.
Before reviewing completed background checks, it’s essential to understand all components and terminology. Keep reading to learn what dismissed charges are, when they appear on background checks, and whether they should influence the hiring process.
What Are Dismissed Charges?
Dismissed charges refer to those that a court has formally dropped. When a charge is dismissed, the defendant is no longer prosecuted for their offense, and all related legal proceedings are terminated. Below are examples of reasons why charges may be dismissed
Lack of evidence: The prosecution must provide sufficient evidence to support the allegations. If they don’t, the judge can dismiss the case, resulting in a dismissal of the charges.
Statute of limitations: Many crimes must be charged within a specific time. If not, the crime is considered expired or past the statute of limitations, and the court can dismiss the case.
Violation of constitutional rights: Evidence must be obtained legally. Any evidence obtained unlawfully violates the defendant’s constitutional rights. The judge can dismiss the charges for these reasons.
Double jeopardy: If an individual has already been tried for the charges, whether convicted or acquitted, they cannot be charged again. So, any new allegations for the same offense can be dismissed due to double jeopardy.
Plea agreements: A plea deal involves a defendant pleading guilty to a lesser charge in exchange for dropping larger charges.
After the charges are dropped, the defendant is freed from any legal obligations associated with the allegations.
Can Employers Ask About Dismissed Charges?
Since individuals are not considered legally guilty of the offense, most employers are limited in asking about dismissed charges. However, state and local laws vary depending on whether an employer can ask about them. There are some rules to consider when applying for jobs.
Many states in the U.S. practice “Ban the Box” laws. These policies require employers to remove questions relating to criminal history from job applications and wait to complete background checks until after a job offer. This aims to remove the stigma associated with a criminal record, allowing employers to examine a candidate’s qualities uninhibited during the initial hiring process.
The Federal Credit Reporting Act (FCRA) provides specific guidelines for employers to ask about dismissed charges in the United States. They can ask, but only in specific ways. First, they must fully disclose that a background check will be conducted. Then, candidates and employees must sign and agree to the inquiry. Under FCRA, a candidate must be informed if their criminal record was a deciding factor in their employment. This provides an opportunity for the potential employee to explain the situation.
Questions about dismissed charges are often related to the job’s duties. For example, industry regulations require this line of questioning in specific fields involving security, finance, or vulnerable populations. FINRA 4530 requires charges relating to insurance, security, investment-related laws violations, etc., to be reported within 30 days.
Generally, employers do not ask about criminal offenses, including dismissed ones, before giving a job offer. However, they can inquire about a criminal history through background checks after an individual receives a job offer.
How Dismissed Charges Can Appear on Background Checks
Employers can conduct different background checks. Dismissed charges can appear on these, depending on the type and circumstances surrounding them. Criminal background checks reveal information on arrests, misdemeanors, and the disposition of the case. They can include dismissed charges that are not sealed or expunged.
Dismissed charges may not appear on a background check, depending on the jurisdiction where they were dropped. In some states, dismissed charges are automatically expunged or sealed, meaning they won’t appear on the record. The charges will still appear if the expungement is still in progress or never completed. In other states, dismissed charges fall off the record after a certain period, especially over seven years, but not every state does this.
Dismissed charges can be reported on background checks as arrests that did not result in a conviction, implying they were dismissed. Court records involving the dropped charges may still exist; some background checks access these, resulting in their appearance. Then, some candidates may voluntarily disclose dismissed charges on applications, which can provide a chance to explain them before a background check reveals them.
What Are the Impacts of Dismissed Charges on Employment Opportunities?
While a dismissed charge is not equivalent to a conviction, it still raises concerns for potential employers. The degree of impact depends on the employer’s view, the type of job, and the legal context.
Some employers still view these as a red flag, even though the charge did not lead to a conviction. They may question an applicant’s reliability or trustworthiness. In sensitive industries, such as healthcare, education, finance, or government, employers are more cautious and inspect dismissed charges more closely.
Employers may provide conditional job offers pending background check results. If dismissed charges are found, they may reconsider the job offer, requiring further explanation before full employment. They may withdraw the job offer if the dropped charge conflicts with the company’s policies or role responsibilities.
In the long term, these allegations may impact an individual’s career. The job seeker’s reputation may be affected, leading to gaps in employment history. Even if issues surrounding the charge are resolved in favor of an employee, some companies may hesitate to promote those with a legal history.
Understanding the challenges faced by those with dismissed charges on their record, several laws have been implemented to help prevent this level of scrutiny. Ban the box and FCRA laws work to stop judgment against job candidates by limiting the knowledge of criminal history in the initial application process.
In some cases, it may be beneficial for the applicant to proactively disclose their history and explain the circumstances, especially if they suspect it will be revealed in a background check.
Frequently Asked Questions
Should Employers Care About Dismissed Charges?
It depends on the job’s nature, the type of dismissed charge, and legal considerations. Some employers care about this type of charge due to industry regulations. Other times, employers value a candidate’s skill and potential contribution over irrelevant dismissed charges.
Final Thoughts
Even though they do not result in a conviction, dismissed charges can still impact employment opportunities and appear on background checks. Employers should carefully consider the relevance of the dismissed charges when evaluating a potential employee’s qualifications and the specific job requirements.
By understanding dismissed charges, the guidelines for employers asking about them, and how they appear on background checks, job seekers and employers can experience a fair hiring process. ScoutLogic offers a thorough background screening service to help employers recruit the best candidates for their team. Reach out to one of our dedicated Scouts today to learn more.
David Garcia, co-founder and CEO of Scout Logic, is an industry leader in the bulk background check world. With his strategic acumen and expertise in the HR sphere, specifically in hiring, recruiting, legal compliance, background checks, and resume screening, he’s an invaluable asset and consultant.
David's counsel extends across the boards of ScoutLogic, YipitData, and Supplier.io, drawing from his impactful stints on the boards of Infutor and Avetta. With an extensive 25-year journey, he champions unparalleled B2B commercial leadership within data & analytics, significantly shaping the HR landscape.
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