Do Arrests That Were Dismissed Show Up on Background Check?

Yes, dismissed arrests will show up on a background check. Many are surprised and frustrated by this because they think a dismissal means the arrest is gone. But in reality, arrest records, even dismissed ones, are public unless action is taken to remove them. This can impact employment, housing or even personal relationships.

• How Background Checks Work in Texas
  
• Do Dismissed Arrests Show Up on Background Checks?
  
• Arrests that Won’t Show Up on Background Checks
  
• Why Do Dismissed Arrests Show Up?
• Impact of Dismissed Arrests on Background Checks
  
• What to Do About a Dismissed Arrest on Your Background Check
  
• Expungement and Sealing in Texas
  
• Legal Considerations for Employers Running Background Checks
  
• Do All Background Checks Show Arrests?
  
• Contact a McAllen Criminal Defense Attorney

How Background Checks Work in Texas

In Texas, background checks are managed by the Department of Public Safety (DPS). DPS keeps records of all criminal charges in the state and offers full criminal record history checks to individuals who submit their fingerprints. There are also name-based checks but those only include public information and are more likely to be incorrect.

DPS background checks are comprehensive and include misdemeanor and felony charges. This includes arrests, court proceedings, case dispositions (like dismissals or probation) and sentences. While DPS has a statewide database, private companies can also run background checks and pull information from local courts.

If you’re using a private service, note that under the Fair Credit Reporting Act, arrests that didn’t result in a conviction can’t be reported after 7 years unless the position pays more than $75,000 a year. This law is a protection for those who had their charges dismissed or weren’t convicted, but not all situations are covered under this.

Do Dismissed Arrests Show Up on Background Checks?

Yes, dismissed arrests can show up on background checks. Arrests create official criminal records that stay, no matter what happens to the case. These records are stored in multiple state and local databases and can be pulled during background checks for jobs, housing or other purposes.


When you’re arrested, whether it’s dismissed or not, the authorities log it. This record is not automatically sealed or erased like a conviction. In Texas, if you were arrested, booked by a magistrate and required to post bond, then the arrest is on your record. Even if the charges were dropped or dismissed later, the initial arrest will show up unless you take action to remove it.

Arrests that Won’t Show Up on Background Checks

There are times when an arrest won’t show up on a background check. For example, if someone is given a citation for a Class C misdemeanor but wasn’t formally arrested or booked, that won’t show up on a background check. Instead it will only be on file with the court that heard the case. But if you don’t pay the fine or don’t show up to court, a warrant will be issued and that will show up on a background check.


And being accused of a crime doesn’t mean an arrest record will show up. For example, for minor marijuana possession or petty theft, authorities may issue a notice to appear in court instead of an arrest. In those cases the record won’t show up right away until further legal action is taken, like formal processing by a magistrate. It can take months for that type of record to show up depending on the county and the volume of cases.

Why Do Dismissed Arrests Show Up?

Dismissed arrests show up because of how records are kept and shared. DPS and local law enforcement agencies keep arrest records as public records. When you’re arrested the details of that arrest are documented and become public record. Even if the case is later dismissed the original arrest details will still show up during background checks that’s why you should consider expungement or record sealing.

Private companies that do background checks pull data from these public records, including court databases so you can’t control where and when an arrest shows up. Fingerprint-based searches reduce errors but name-based searches are quicker and still widely used so records can show up even when they’re not always accurate.

Related: Will Pending Charges Show Up On A Background Check?

Impact of Dismissed Arrests on Background Checks

A dismissed arrest record can have big consequences for someone’s life. Whether it’s a job application, a housing rental or even a personal matter, having an arrest on your record – even without a conviction – can lead to bad outcomes. Here’s a breakdown of some of the common areas affected:

• Employment: Employers do background checks as part of the hiring process. In Texas they may see the arrest and dismissal and while some employers may understand that a dismissal means no conviction it could still raise red flags. This can impact jobs that require a high level of trust like education, finance or healthcare positions.
  
• Housing: Landlords may view an arrest record as a risk. Even if the arrest didn’t lead to a conviction the fact that it happened may influence a landlord’s decision to approve a rental application.
  
• Reputation: Social stigma is a real concern. Friends, family or colleagues may not understand the difference between an arrest and a conviction and may cause strain in relationships or within your community.

What to Do About a Dismissed Arrest on Your Background Check

If an arrest that was later dismissed is showing up on your background check there are a few options:

• Expungement: This is the process of removing the arrest from your record completely. If an arrest was dismissed you may be eligible to apply for expungement which would erase the record from public databases so it would no longer show up on a background check. Typically this requires a formal request to the court and eligibility depends on the type of arrest and how long ago it was.
  
• Sealing Records: If expungement isn’t an option sealing the record may be. This means the record still exists but isn’t public so it won’t show up on a background check. Government agencies may still have access but for most purposes the arrest won’t show up.
  
• Consult a Lawyer: Legal advice is key when dealing with arrest records. An experienced criminal defense attorney can help you understand your rights and the best way to handle your record. In Texas different counties have different procedures so local knowledge and legal counsel
  can make a big difference.

Expungement and Sealing in Texas

The process of expunging or sealing an arrest record in Texas depends on the charge and how it was resolved. Generally if an arrest never led to a conviction or if you were pardoned you may be eligible for expungement. Sometimes people who completed a diversion program or received deferred adjudication may also qualify.


The time frame for expungement varies but it’s usually 3 years after the incident. However if charges were dismissed because there was no probable cause or because you participated in a court ordered program you may be able to start the expungement process sooner. Consulting with a criminal defense attorney can help you navigate these timelines.

Legal Considerations for Employers Running Background Checks

Employers in Texas must comply with both state and federal laws when running background checks including the Fair Credit Reporting Act (FCRA). Under the FCRA employers must inform applicants before running a background check and provide a copy of the report if they intend to take adverse action based on the report. This gives the applicant the opportunity to explain or dispute the information.

The Equal Employment Opportunity Commission (EEOC) advises employers not to have a blanket policy against hiring anyone with an arrest record. Instead they should consider the nature of the offense, how long ago it was and its relevance to the job. In Texas this is especially important because many arrests including dismissed ones can stay on record indefinitely unless removed through legal means.


Some Texas cities and counties have “ban the box” policies which prohibit employers from asking about criminal history on the initial job application. This gives individuals with dismissed arrests a better chance to present themselves before their background becomes an issue.

Do All Background Checks Show Arrests?

The scope of a background check can determine if an arrest shows up. For example state level checks through DPS will include all criminal charges. But private companies may have different levels of access. Smaller counties may not report certain misdemeanors like Class C arrests to the DPS so those incidents may only show up if a private company directly contacts the county court.

Fingerprint based checks are more comprehensive because they eliminate the risk of mistaken identity, name based checks are quicker but less reliable. Also private background check companies are subject to the FCRA which limits the reporting of older arrests that didn’t result in a conviction.

Learn more: How Far Back Do Criminal Background Checks Go in Texas

Contact a McAllen Criminal Defense Attorney

Dismissed arrests can show up on background checks and impact many areas of your life from job applications to rental opportunities. But there are steps you can take to address this, expungement or sealing the record. Knowing your rights, understanding how background checks work in Texas and seeking legal advice are key to managing how an arrest affects your future.

If you’re dealing with a dismissed arrest on your background check The Law Office of Rolando Cantu can help. As criminal defense attorneys in McAllen, TX we can guide you through the process of expunging or sealing your record so your dismissed arrest doesn’t show up in background checks. Don’t let a dismissed arrest hold you back—contact The Law Office of Rolando Cantu today and take control of your record and your future.