background checks

[621BB]

Wyoming
If I was arrested for a crime and the charges were later dismissed, why does it stay on my record? Every time a potential employer does a background check, this shows up, and even though I was not guilty of any wrongdoing, it may appear that I just got away with something.

 

[quincy]

You could have the record expunged so that there is no public record of the arrest or charges - but if, in fact, you were arrested and/or charged for anything, a record of it would be the truth and not defamatory, even if the charges were later dismissed.

Often courts will order an expungement as part of dismissed/discharged diversion programs or deferred prosecution agreements, but if the court doesn't order it automatically, you can request it.

If you don't expunge the record, a background check could show DSMD (dismissed) or No Info Filed - Non-conviction (which means case was dropped) or something along those lines, and an employer would probably not be too concerned about it. But nothing should show up once your record is expunged.

Some government agencies will continue to have access to your record (law enforcement, for instance), and state professional licensing boards may have access to the fact that "something" was expunged from your record.

But, on the whole, expunged or sealed records will not show up on a routine background check and do not need to be reported to anyone anywhere.

I advise that everyone do a background check of their own on themselves to see exactly what shows up. It helps to know, in case there are errors that appear that can be corrected, or in case there are items that you may want to explain in advance on any application, so an employer/college/whatever knows you are not trying to hide anything.

 

[621BB]

The bummer about it is, that the arrest and charges are very clearly stated, and the dismissal is there in a numbered code. So if someone isn't familiar with the code system (and who is?) the arrest is all they see.

 

[quincy]

That would be good reason for you to get your record expunged, then.

There is no filing fee for the petition to have records expunged. You petition the court, the order will be granted, the court will transmit the order to the criminal investigation division, and all identifiable information - fingerprints, notations on your case, all records held by the court and the police, everything - will be expunged as if the case never occurred. If you were fingerprinted, those should have been automatically expunged once your case was dismissed.

In Wyoming, you may have an 180 day waiting period from the date of the arrest, or the date that the charges were dismissed, before you can file your petition.

Most background check companies will decipher applicable codes to those requesting the check, so an employer would be able to tell what the status of your offense is but, again, it is wise to have your arrest and charges expunged anyway. It is not that difficult to do for dismissed charges.

Good luck.