Does a first offender dismissed charge show up on an employment check?

Asked on September 15, 2015 under Employment Labor Law, Virginia


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The best answer is "potentially."  Until something is expunged, it will be part of the public court records. Most clerks have procedures where commercial reporting agencies can purchase the data that is otherwise public data.  However, some of these companies only report conviction data.  This means that dismissals are sometimes filtered out by the programming.  So... it simply depends on who and how they report it.  To know how your data is going to be reported, request a copy of the criminal history on yourself via a consumer reporting agency and via a local law enforcement agency.  This will tell you exactly what and how it's being reported and if at all. 
If you want to avoid the even the possibility of this data being reported, then you need to file an application for an expunction to get the dismissal removed from the public records.  From there, it will eventually fall off of the various consumer reporting agencies who have since purchased the data.

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