If my case was dismissed, will it show on my record everytime they do a background check?

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If my case was dismissed, will it show on my record everytime they do a background check?

I was charged with grand theft misdemeanor case and was sent to do a pre-trial diversion. After that my lawyer said that we do not need to go to the court because the case was dismissed. If that is the case, will that misdemeanor case show on my record when they do a background check when I apply for a job? Was I considered as convicted? Do I need to do an expungement even if the case was dismissed?

Asked on March 18, 2011 under Criminal Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It is smart of you to think about this before you actually apply for a job and it becomes an issue.  If the case was dismissed it will not show up on a background check.  BUT, the arrest will show up, so yes, you need to have the arrest record expunged.  Many people do not realize that you need to have an arrest expunged because they believe that the arrest and ultimate disposition of the case - the dismissal here - go hand in hand.  That is not generally the case and it is good that you asked this question now.  It should be relatively easy for you to do the expungement given the dismissal.  Good luck.


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