Why Dismissed Charges May Still Appear on Background Checks

What this guide covers

• Checking if the outcome is right
• Three common examples
• What we check with the apartment

First check if the outcome is correct

Start with the basics: is it really you? Check the case number, court and dates. Then read the whole entry. Does it say dismissed, or does it wrongly show pending or convicted? An accurate dismissal, a missing dismissal and someone else's case each call for a different fix.

Three examples

• Correct outcome, correct person: the next question is if it can legally be reported. Not every dismissal has to come off.
• Case still labeled pending: get the dismissal from the court clerk and ask the screening company to look into the missing outcome.
• Case covered by a court order: check what the order covers and send proof through the screening company's own dispute process.

What we check with the apartment

We check if the property's policy treats dismissed charges differently from convictions. If the report is wrong, ask the property how to send them a copy of the dismissal. Don't call it a conviction if the court didn't convict you.

If you still don't know if it can be reported, legal aid can look at the dates and outcome. See FTC: tenant background checks and your rights for common errors and reporting rights. Then follow the background report dispute steps if you find a problem. A dismissal doesn't guarantee approval. Even with a dispute going, we still check each property's current criteria.

What to do next

1. Get the dismissal from the clerk of the court that handled the case.
2. Get a copy of your own screening report so you see what a landlord sees. Our guide on checking your own background walks you through it.
3. Tell us about the case. We check how each property treats dismissed charges.
4. Confirm open units and fees with the community before you pay.

Published by the Felon Friendly Apartment Team. This is general renter information. Each property makes its own decisions, and questions about your own case belong with a lawyer or legal aid.