Do Dismissed Cases Show on Background Checks in Arizona?

Dismissed cases, while often regarded as a relief for individuals facing legal trouble, can still have lingering effects, particularly when it comes to background checks. 

In Arizona, the answer to whether a dismissed case will show up on a background check is legally nuanced and depends on the action taken for record sealing and the type of background check being conducted. It’s important to work with a criminal lawyer to achieve success in the record-sealing process and protect your future. 

If Charges Are Dismissed, Does It Show Up on a Background Check?

In Arizona, dismissed cases do not result in a criminal conviction; however, they typically remain part of an individual’s public record unless actions are taken to remove them. 

This means that even though a person isn’t found guilty, the record of their arrest, charge, and subsequent dismissal may still appear on background checks unless it has been legally sealed. 

Notably, Arizona does not currently offer traditional expungement for criminal records but does provide a mechanism known as “setting aside” a conviction under Arizona Revised Statutes § 13-905. 

While this doesn’t entirely remove the record, it does indicate that the individual has been released from the penalties of the charge. However, this process does not apply to dismissed cases since no conviction or plea deal occurred in the first place.

What Information Is Shown in a Background Check?

The type of check being conducted determines what information will appear on background checks:

Standard Employment Background Checks

Most employers use third-party services to conduct background checks as part of their hiring process. These reports typically include arrests, charges, and depositions, which means that a criminal case with dismissed charges will likely appear unless it has been successfully sealed.

FBI and Law Enforcement Background Checks

Government agencies and law enforcement have access to more comprehensive databases, such as the National Crime Information Center (NCIC). These checks will almost always include dismissed cases, as these records remain accessible in criminal history repositories unless special steps are taken.

Credit or Tenant Screening Checks

Depending on the scope of the screening, dismissed cases might show up, especially if the screening company accesses public court records within the scope of the Fair Credit Reporting Act.

The Impact of Dismissed Cases on Your Record

While a dismissed case does not indicate guilt, its presence on criminal background checks can raise red flags for employers, landlords, or licensing boards. The mere existence of a criminal charge, even if dismissed, may lead to unfavorable assumptions or decisions. 

When it comes to employment opportunities, background checks are generally considered a part of fair hiring practices. Therefore, record sealing helps overcome employment barriers and related challenges, which may otherwise adversely affect employment decisions.

Notably, dismissed cases remain on public record indefinitely in Arizona unless action is taken to seal them. This permanence underscores the importance of proactively addressing your criminal history for cases relating to both federal and state law. 

The Legal Process to Minimize the Impact of a Dismissed Case

If you’re concerned about dismissed charges appearing on your background check, you can take the following steps:

Petition to Seal Arrest Records

Under Arizona Revised Statutes § 13-911, individuals may petition to seal arrest and court records if a case was dismissed or resulted in an acquittal. Once sealed, these records are no longer accessible to the public or standard background check services.

Review Your Criminal History

Obtain a copy of your criminal record to see what information is available to employers or other entities. This can be done through the Arizona Department of Public Safety.

Seek Legal Assistance

An experienced criminal defense attorney can guide you through the process of petitioning to seal your records and ensure that the dismissed case isn’t unnecessarily impacting your opportunities.

Arizona’s Laws on Sealing Records

The passage of Arizona Revised Statutes § 13-911 in 2021 marked a significant advancement in protecting individuals from the long-term consequences of an arrest or charge that did not lead to a conviction. 

This statute allows individuals to petition the court to seal arrest and charge-related records, offering a legal remedy for those whose cases were dismissed or resulted in acquittals.

Eligibility Criteria Under ARS § 13-911

To qualify for sealing under ARS § 13-911, individuals must meet specific requirements:

• Case Resolution Must Favor the Defendant: The statute applies only if:
  • The charges were dismissed
  • The defendant was acquitted at trial
  • No criminal charges were filed after the arrest
• Cases where the defendant was convicted or entered into a plea agreement do not qualify under this statute.
• Sufficient Time Must Have Passed: While ARS § 13-911 does not explicitly mandate a waiting period before filing the petition, individual court practices and procedural nuances may impose practical delays. Courts may consider factors such as:
  • Whether the case was recently dismissed or adjudicated
  • The time elapsed since the resolution, especially if the petitioner has a criminal history
• Compliance with Court Orders: Petitioners must have fulfilled any court-imposed obligations related to the case, such as completing diversion programs or paying court fees.
• No Pending Criminal Charges: The petitioner must not have ongoing criminal charges at the time of filing for record sealing.

The Petition Process

The process of sealing records under ARS § 13-911 is multi-step and requires careful compliance with legal procedures:

• Filing the Petition: The individual must file a petition with the court that handled their case. This petition must include information such as:
  • Case details, including the arrest date, charges, and disposition
  • A statement explaining why sealing the records serves the interests of justice
• Court Review and Consideration: Once the petition is filed, the court will review the case and may schedule a hearing. During this stage, the court evaluates:
  • Whether the petitioner qualifies under the statute
  • Whether there is any compelling reason to deny the petition
• Notification to Relevant Parties: Prosecutors and law enforcement agencies involved in the original case are typically notified and may present objections to the petition.
• Granting or Denying the Petition: If the court grants the petition, an order will be issued to seal the records. If denied, the petitioner may have the option to reapply after addressing the court’s concerns or filing an appeal.

Effects of Sealing Records

When a court grants a petition under ARS § 13-911, the impact is substantial:

Restricted Access to Records

Sealed records are no longer accessible to the public, private employers, landlords, or most other non-governmental entities. This includes arrest records, court documents, and associated charges.

Continued Accessibility for Certain Entities

Sealed records are still accessible to:

• Law enforcement agencies for criminal investigations
• Certain licensing boards and government entities, depending on the context
• Prosecutors for use in future criminal proceedings if applicable

Enhanced Employment and Housing Opportunities

With sealed records, individuals aren’t required to disclose the sealed charges or arrests to most employers or landlords, significantly improving their chances of securing employment and housing.

Protection from Discrimination

Sealed records reduce the risk of discrimination based on past arrests or charges, allowing individuals to rebuild their lives without undue prejudice.

What Does Not Change?

While record sealing provides significant relief, it does not erase the existence of the case entirely. The following considerations remain important:

• Federal Background Checks: Sealed records may still be visible during federal background checks, especially for jobs requiring security clearances.
• Immigration Proceedings: Immigration officials may have access to sealed records, as these agencies often have broader access to criminal history databases.

Practical Challenges in Sealing Records

Despite the benefits of ARS § 13-911, petitioners may encounter hurdles, including:

• Complex Legal Requirements: Filing a petition involves navigating nuanced legal procedures and ensuring compliance with all documentation requirements.
• Prosecutor or Law Enforcement Objections: Opposition from prosecutors or law enforcement agencies can complicate the process, especially if they argue that sealing the record conflicts with public interest.
• Judicial Discretion: Courts have the discretion to deny petitions, particularly if they believe sealing the records does not align with the interests of justice.

Exceptions: When Dismissed Cases May Still Matter

Even if a dismissed case is sealed, there are instances where the information may still be relevant or accessible:

• Professional Licensing Boards: Some licensing agencies may require applicants to disclose any prior charges, regardless of dismissal or sealing.
• Government Security Clearances: Federal or high-level background checks for security clearance may uncover sealed or dismissed cases.
• Immigration Proceedings: Dismissed cases may still be reviewed in immigration matters, as the U.S. government has access to extensive criminal history databases.

Steps to Getting Your Dismissed Case Records Sealed

Having your arrest records sealed can be life-changing, and at the Law Office of Hernandez & Hamilton, PC, we are committed to guiding you through every step of the process under Arizona Revised Statutes § 13-911. 

Our experienced Arizona criminal defense attorneys understand the complexities of the law and will take a strategic approach to ensure the best possible outcome. Here’s how we handle the process:

Initial Case Evaluation

We begin by thoroughly reviewing your case to determine your eligibility for record sealing. This includes:

• Verifying that your case was dismissed, resulted in an acquittal, or did not lead to formal charges. This may be the key deciding factor in such cases
• Assessing whether all court-ordered obligations, such as fines, diversion programs, or community service, have been satisfied
• Checking for any pending criminal charges that could impact your petition

Gathering Documentation

Our team will compile all necessary documents to support your petition, including:

• Certified copies of the dismissal or acquittal documents
• Arrest records and related court filings
• Evidence demonstrating your compliance with court orders and lack of criminal activity since the case resolution

This ensures your petition is fully prepared and supported with all required information.

Drafting and Filing the Petition

Once we’ve gathered all the necessary materials, we’ll draft a compelling petition. This includes:

• Clearly articulating why sealing your records serves the interests of justice
• Highlighting your positive contributions to society and how the record has hindered your opportunities
• Filing the petition with the appropriate court in compliance with ARS § 13-911

Notifying Relevant Parties

We’ll notify all relevant parties involved in your case, such as the prosecutor’s office and law enforcement agencies, to ensure they have the opportunity to review the petition. This step minimizes the risk of procedural delays or objections.

Responding to Objections

If any objections are raised by prosecutors or law enforcement agencies, our attorneys will aggressively advocate on your behalf, presenting counterarguments to demonstrate why sealing your record aligns with the law and the public interest.

Court Representation

If the court schedules a hearing, we’ll represent you and present a strong case, emphasizing:

• Your eligibility under ARS § 13-911
• The lack of public safety risks associated with sealing your record
• The benefits of sealing the record for both you and the community

Our attorneys are skilled litigators with extensive experience handling hearings related to record sealing, ensuring your rights are effectively protected.

Monitoring Compliance with the Court’s Order

If the court grants the petition, we will:

• Ensure that all relevant agencies and private databases comply with the order to seal your records related to the dismissed charges
• Verify that your records are no longer accessible to employers, landlords, or other private entities

Post-Sealing Assistance

After your records are sealed, we’ll guide you on:

• How to respond to background check inquiries
• Your rights regarding the disclosure of the sealed records to employers, landlords, or licensing agencies

Choose Our Proven Arizona Criminal Defense Attorneys for Record Sealing

At the Law Office of Hernandez & Hamilton, PC, we understand the critical importance of clearing your name and moving forward without the burden of past charges. Our legal team is dedicated to delivering personalized, results-oriented representation. We’ll leave no stone unturned to have your record sealed successfully.If you’re ready to take this vital step, contact our experienced Arizona criminal defense lawyers today. To schedule your free consultation, call us at 520-882-8823 or contact us online.

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