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If Charges Are Dismissed, Is It Still On Your Record? Understanding Criminal Charges vs. Convictions
Job applications often ask questions about past criminal history. Sometimes they will ask if you have ever been convicted of a crime or had a criminal charge. In the event that you were previously charged for a crime and not convicted (i.e. the case was dismissed or you got deferred adjudication) you can answer no.
However, if you are asked whether you have ever been charged with a crime, you would have to say yes. When a police officer arrests a person, they write a report of what happened, creating an arrest record that includes the person’s name, birthdate, driver license number, photo, and fingerprints. When the case is filed with the court all of that information is passed along to the court personnel and becomes a public record. If everything works out and the criminal case is dismissed, then that’s wonderful—the state was unable to prove your alleged conduct and you are not proven guilty! This signifies the conclusion of legal proceedings without a determination of guilt or a conviction. The court then enters a dismissal of the charge, the case is closed and the records are stored. Even though the case is dismissed, the arrest itself is documented and can have lasting effects. But despite the fact that you were not convicted, the records still show the world that you were accused of something bad. These records can appear on a background check, potentially affecting your job prospects. Granted, it will also show that the charges were dismissed, but it’s often preferable not to have to bring it up at all.
No matter how your case ended, the remedy for clearing up any type of criminal record is an Expunction or a Nondisclosure. Each can be used in certain situations to keep the public from finding out about your past.
Expunctions and Nondisclosure Orders for Criminal Record
Our criminal lawyers can help you file an order of expunction with the court. Expunging your record means the charge will be permanently removed from all records, resulting in a record expunged. This includes any arrest records that were created during the process. Generally a case must have been fully dismissed in order to qualify for expunction, and there are strict guidelines for eligibility. There is also a required waiting period after your dismissal before the expunction may be filed. Your Texas criminal defense attorney can review your case to see whether you meet the eligibility criteria for expunction and whether the required time has passed.
If you don’t meet the criteria for expunction, you may still qualify for an order for nondisclosure. This is commonly referred to as a record sealed, a mechanism to limit access to certain legal information. When your record is sealed, it is no longer viewable by the general public. They are not removed or destroyed, but only specific state entities and official personnel can access them. However, these records will not appear in criminal background checks conducted by private employers. Nondisclosure does not hide your information from law enforcement, state agencies or licensing boards. They are allowed to access but not disclose it. It does mean however that private employers, background checks and apartment leasing agents won’t be able to view your record. It has essentially been “sealed” from the public. It is important to understand that state laws govern the eligibility and process for expunction and nondisclosure.
To see whether your case qualifies for an expunction or nondisclosure order, speak with your criminal attorney.
Eligibility for Expunctions and Nondisclosure Orders in Texas for Background Checks
Here are some common scenarios where an expunction or nondisclosure may come into play:
- You were arrested but never formally charged or indicted. In such cases, a background investigation may still reveal the arrest, affecting your opportunities.
- You completed a pretrial diversion program
- You completed deferred adjudication or deferred disposition.
- Your case was dismissed outright or you were acquitted (found not guilty). Dismissed cases can still impact your criminal record, but the implications vary depending on whether the case was dismissed with or without prejudice. If the dismissal was due to lack of probable cause, you might be eligible for expunction. The prosecuting attorney plays a crucial role in deciding whether to proceed with charges based on the evidence and circumstances.
- You or someone else was arrested after your identity was stolen.
- You were convicted but later pardoned.
Nondisclosure does not hide your information from law enforcement, state agencies or licensing boards. Law enforcement agencies, in particular, maintain and access complete criminal records even after a case is dismissed.
Call our on-call attorney now to discuss your case.
No matter how complex your charges may seem, you can have peace of mind knowing our legal team is behind you. You aren’t in this battle alone. Get our Austin criminal attorneys on your side today.