Home › Guides

Do Arrests and Dismissed Charges Show Up on a Background Check?

Sometimes. Federal law lets a background check company report an arrest or a dismissed charge for up to seven years, and longer for high-paying jobs. Several states are stricter. California and New York bar reporting most arrests that didn't lead to a conviction, and Colorado bars sealed, expunged and non-conviction records. Separate rules limit how employers may use arrests. This guide covers both sides. It is not legal advice.

Updated October 14, 2026 · Checked against the official sources listed at the end

The federal rule for arrests

Under the Fair Credit Reporting Act, a consumer reporting agency may not report records of arrest more than seven years old, measured from the date of entry, or until the statute of limitations runs out, if that is longer (15 U.S.C. 1681c(a)(2)).

That limit doesn't apply to a report for a job paying $75,000 a year or more (1681c(b)(3)). So under federal law alone, an arrest from the last seven years can be reported, and an older one can be reported for a high-paying job.

Convictions are different

Federal law sets no time limit for criminal convictions. The catch-all seven-year limit in 1681c(a)(5) expressly leaves out records of convictions. Some states cap convictions at seven years too. Our guide to background check lookback limits by state lists the ones we checked.

Dismissed charges

A dismissed charge is a non-conviction record, so the federal seven-year limit applies to it. Checkr, which runs Pact's checks, notes that some court records don't show dismissed charges at all. When a county court record does show a case, it usually shows the outcome, such as convicted, acquitted or dismissed.

Federal law also pushes toward current records. A company reporting public records for employment must either notify the person at the time or keep strict procedures so the records are complete and up to date. Under that section, an arrest record counts as up to date if it shows the current public record status (15 U.S.C. 1681k). So a case that was later dismissed should show as dismissed.

States that limit arrests and non-convictions

Some state laws are stricter than federal law about what a background check company may report:

California (Civ. Code 1786.18): arrest and charge records stop being reported once it is learned that a conviction did not result, except while judgment is pending.
New York (Gen. Bus. Law 380-j): no information about an arrest or criminal charge unless there was a conviction or the charge is still pending.
Colorado (C.R.S. 5-18-109): no sealed records, expunged records or records that did not result in a conviction.

How employers may use arrest records

Even when an arrest is reported, the EEOC says it should not decide the matter by itself. Its 2012 guidance says the fact of an arrest does not establish that criminal conduct has occurred, and an exclusion based on an arrest, in itself, is not job related and consistent with business necessity. The guidance adds that an employer may act on the conduct underlying an arrest if that conduct makes the person unfit for the job. A conviction record, by contrast, will usually serve as enough evidence that the person engaged in the conduct.

Some states go further and limit the employer directly:

California's Labor Code bars employers from seeking or using a record of arrest or detention that did not result in conviction (Lab. Code 432.7).
California's Fair Chance Act bars employers with five or more employees from considering arrests not followed by conviction, and convictions that were sealed, dismissed or expunged, during a conviction history check (Gov. Code 12952).
Illinois makes it a civil rights violation to use an arrest record as a basis to refuse to hire, unless another law allows it (775 ILCS 5/2-103).

Expunged and sealed records

Whether a record can be expunged or sealed, and what that does, depends on state law. Checkr says sealed and expunged records generally don't show up on a county criminal search. If you have a record that was expunged or sealed and want to know how it will be handled on a Pact order, ask Pact before you order: 901-666-6970.

If your report shows something it shouldn't

Dispute it with the consumer reporting agency. For a Pact order, that is Checkr. The agency must do a free, reasonable reinvestigation, generally within 30 days (15 U.S.C. 1681i). If you have court papers showing a dismissal, expungement or seal, include them.

If an employer plans to act on the report, it must first give you a copy and a summary of your rights (15 U.S.C. 1681b(b)(3)). That is your chance to explain or correct the record.

Common questions

Do background checks show arrests or just convictions?

They can show both. Federal law allows reporting arrests up to seven years old, or longer for jobs paying $75,000 or more. Some states, including California and New York, bar reporting most arrests that didn't lead to a conviction.

Does a background check show dismissed charges?

It can, within the federal seven-year limit, unless state law bars it. Checkr notes some court records don't show dismissed charges. A county record usually shows the outcome, such as dismissed.

Do background checks show misdemeanors?

Yes, they can. Checkr says criminal record checks generally report felony and misdemeanor convictions, pending cases and arrests, subject to federal and state reporting limits.

Can an employer refuse to hire me because of an arrest?

The EEOC says an exclusion based on an arrest alone is not job related and consistent with business necessity, though an employer may consider the conduct behind it. Some states, like California and Illinois, limit using arrests directly.

Will a pending case show up?

It can. New York and California both allow reporting while a charge is pending or judgment hasn't been pronounced.

What if an expunged record shows up?

Dispute it with Checkr and include your court papers. The agency must reinvestigate, generally within 30 days.