You were charged with a criminal offense. Your charges were dismissed by jury verdict, court order, or agreement with the prosecutor. So Why Do Charges Still Show Up on a Background Check?.
Even when your charges were dismissed, they can, however, appear on the background check because the records haven’t been updated yet. It takes time for courts and agencies to update their information. Request a review or correction to ensure your background check shows the dismissed status.
How People See Your Dismissed Charges
Many Minnesotans are surprised to learn that potential employers can still see that you were charged with an illegal act even though they were never convicted. You can have searched your name on the public records site of the court and found nothing. This is a good place to start, and it’s often the only place that nosy neighbors will look. When you were declared innocent or when the case was dismissed due to a Stay of Adjudication or Continuance for Dismissal, your case must not be visible via a general name search. Still, when someone knows the court file number or the name of your attorney, they can find your entire Actions’ Register. This is the situation where many people can consider looking into a Minnesota expungement and learning more about the qualifying factors.
For some, that is enough. For others, it is just a small step in the right direction. After all, potential employers aren’t often satisfied with such a limited background check. Instead, they request a complete criminal record check through the Bureau of Criminal Apprehension (BCA). When the BCA has records of your arrest/charge, they will report it to anyone you authorize to receive this information.
Although your criminal record will indicate that the case was dismissed, a potential employer can still pause at the sight of a charge. For example, let’s say you stole some clothes from a retail store when you were a freshman in college. As is typical for first-time offenders, you received a stay of adjudication. That means you pled guilty to the offense, but the judge did not accept your guilty plea, and your case was dismissed after one year of law-abiding behavior.
You then fill out an application for a new job, and they run a full background check. As your case was dismissed, you are confident that there will be no issues. However, the potential employer sees you were charged with theft and worries you can be more trouble than you’re worth. After all, they don’t know you. They just want to protect themselves from anyone who can hurt their ability to run a successful business. Will they take a chance on you still? They can. Still, why leave it to chance?
Why Dismissed Charges Still Appear
Dismissed charges can remain on background checks for several reasons. First, the court records have not yet been updated. When charges are dismissed, it can take time for the court system and law enforcement agencies to update their records. Second, private background check companies often use databases that cannot be immediately updated with the latest court decisions. This delay means your record can still show outdated information until the database is refreshed.
Steps To Address The Issue
When your dismissed charges are still showing up on your background check, you need to take action to fix it. Here are some easy steps you can follow to make sure your background check shows the right information and updates your record correctly. Let’s learn more about the steps here.
Check Your Background Report
Start by getting a copy of your background check. This report shows all the information that companies see. This is when they check your history. Look closely to see if the dismissed charges are still listed. Knowing exactly what’s on your report helps you understand what needs to be fixed.
Contact The Court
Get in touch with the court where your case was dismissed. Ask them to confirm that your case is officially closed and that the charges are dismissed. You must also find out how to ensure that this update is reflected in their records. This is important because it helps ensure that the right information is shown on your background check.
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Contact Background Check Companies
Let the companies that do background checks know about your dismissed charges. Send them official papers from the court showing that your charges were dropped. Ask them to update their records to reflect this change. This helps make sure that your background check shows the correct information.
Request Expungement
In some cases, you will need to pursue legal expungement to fully remove the record of the dismissed charges from public databases. Expungement is a legal process that seals or removes records from public view. Consult with a lawyer. Do it to understand if this step is necessary for you.
FAQs
1. When Charges Are Dismissed Is It Still On Your Record In Minnesota?
In Minnesota, dismissed charges still appear on your record if not updated well. Even after dismissal, records can show outdated information until the court and background check companies update their databases. To ensure your record is correct, follow up with the court and request an expungement.
2. Do Pending Charges Show Up On The Background Check In MN?
Yes. Pending charges do show up on your background check in Minnesota. These checks include details about ongoing legal cases. That’s why unresolved charges can appear on your report. To ensure accuracy, review your background report. You can also reach out to the agencies for any updates.
3. Can Expunged Records Show Up On A Background Check In MN?
In Minnesota, expunged records are generally sealed and do not appear on standard background checks. However, some government agencies can still access them for specific purposes. When your expunged record appears on a background check, contact the relevant agency to resolve the issue.
Conclusion
Under Minnesota’s expungement laws, you have the opportunity to ask the court to completely seal this record and ensure that no one finds out about your charge. When your case was dismissed, the state generally bears the burden of proving that the government’s interest in maintaining your record outweighs any benefit you’d receive in having your record sealed. As there is sometimes little or no public interest in preserving a dismissed charge’s record, the state is seldom able to meet this burden.
When you were charged with a criminal offense and your case was dismissed, it just makes sense to look into expungement. The attorneys at Leverson Budke, PLLC have helped countless individuals seal their criminal records. Contact Us today to learn more.
When you haven’t searched the public records, you will want to see what is being reported. Visit http://pa.courts.state.mn.us/default.aspx to find out what is available to the public.
