Does a Dismissed Charge Show Up on a Background Check?

You were arrested. The charges were dismissed. Case closed — or so you thought. Months later, you apply for a job, a rental, or a professional license, and there it is on the background check: an arrest record, a mugshot, a charge that was supposed to be over and done with.

This is one of the most frustrating realities of the criminal justice system: a dismissal does not erase your record. The charge may be over in the eyes of the court, but the record of your arrest and the original charge can follow you for years — sometimes for life — unless you take action to remove it.

Why Dismissed Charges Still Show Up

When you are arrested in North Carolina, a record of that arrest is created in multiple places: the local jail's booking records, the NC Administrative Office of the Courts database, and potentially the FBI's national criminal database. A dismissal closes the court case, but it does not automatically delete these records.

Most background check companies pull data from court databases and public records. They report what they find — and what they find is a record showing you were charged with a crime. Some reports will note that the charge was dismissed, but many employers and landlords stop reading at the word "arrested" or "charged."

Even when a background check accurately reports a dismissal, the damage can be done. Studies consistently show that the mere presence of an arrest record — regardless of outcome — significantly reduces callback rates for job applications.

Expungement: The Only Way to Truly Clear Your Record

In North Carolina, an expungement (formally called an "expunction") is a court order that directs all government agencies to destroy or remove records of your arrest and charge. Once an expungement is granted, the record is deleted from court databases, law enforcement files, and state repositories.

After an expungement, you can legally answer "no" when asked whether you have ever been arrested or charged with a crime. The record is gone — not sealed, not hidden, but actually destroyed.

Dismissed Charges: Immediate Eligibility

Here is the good news: if your charge was dismissed, you are immediately eligible for an expungement in North Carolina. You do not have to wait. There is no waiting period for dismissed charges, charges where you were found not guilty, or charges that were resolved through a not guilty verdict at trial.

This applies to both misdemeanors and felonies that were dismissed. The process involves filing a petition with the court in the county where the charge was brought. The court reviews the petition, and if the statutory requirements are met, the expungement is granted.

What About Other Outcomes?

Expungement eligibility depends on how your case was resolved:

Not guilty verdicts. Immediately eligible, just like dismissals.

Deferred prosecution or conditional discharge. If you completed a deferred prosecution program and the charge was dismissed as a result, you are eligible for expungement.

Convictions. North Carolina does allow expungement of certain convictions, but the rules are more restrictive. Eligibility depends on the type of offense, your age at the time, and how much time has passed. Misdemeanor convictions generally have a waiting period, and felony expungements are limited to specific categories.

Multiple charges. Recent changes to North Carolina law have expanded eligibility for people with multiple charges on their record, but the rules can be complex.

The Cost of Doing Nothing

Every day that a dismissed charge remains on your record is a day it can cost you an opportunity. Employers, landlords, licensing boards, and volunteer organizations all run background checks. A record that should not exist can silently close doors you never even know about.

The expungement process in North Carolina is straightforward for dismissed charges, but it does require filing the correct paperwork with the court and ensuring that all agencies comply with the order.

If you have a dismissed charge on your record in North Carolina, contact us today to start the expungement process. We handle expungements throughout Western North Carolina and can help you clear your record so you can move forward without your past holding you back.