Should someone fail a background check for a misdemeanor that was dropped? As in no plea deal, no guilty verdict, no community service, no fine...nothing at all? Or is it required that you pay to have it exponged from your record even if you are not found guilty? Seems lame if you do. Thanks for the help.

2/11/2008 1:17:12 PM

It depends on what they're checking for. I don't mean to be trite, but different agencies have different levels of stringency.

2/11/2008 1:21:56 PM

^what he said. Some places (apts. etc.) check only for felonies and sex crimes. Some may check for drugs too. I wouldn't worry about it at all. As far as employment, not sure what they check for, but most misdemeanors are trite anyways. At least my employers have thought so I guess

2/11/2008 1:28:36 PM

it will say how the charge was disposed, so it shouldn't be a major issue unless you lied about it

2/11/2008 1:33:21 PM

I had a background check to work at a private equity firm in Charlotte. Long story short, court date got changed, didnt know about it, didnt show up to court, and got hauled downtown for a Failure to appear. This was all for a NPO ticket which is considered a misdemeanor. It was all eventually dropped and the good thing was the entire record was dropped including the FTA.

It did come up on the background check and the managing partner laughed. Just be honest if you are asked and do not get defensive about it. If you lie about it then they could deny your employment. They can not ask if you have been arrested, but they could ask if you have any convictions.

About the expongement. You can only have one charge exponged in NC during your lifetime regardless of guilt (to my understanding). My lawyer and I decided to not have the NPO expunged just incase God forbid I ever got in a sticky situation down the road. I would not explain this to your employer from that angle but just make sure if they do pull the record that they request the full record to show that you were eventually proven not guilty.

2/11/2008 1:37:15 PM

It is for an apartment...the credit and everything will be fine, but I had a misdemeanor possession and paraphernalia charge right when I turned eighteen and have passed two background checks since but I have also failed another one for an apartment and they said that it did not matter that the charges were dropped which isn't really fair considering they could have been dropped because they were completely bogus. I just do not understand failing the background check for dropped charges...I mean I just do not want to pay the hundred twenty five dollars or whatever application fee just to be turned down. Is there any kind of time frame that this just goes off my record or would I have to get a lawyer and get it exponged? and like the other guy said just in case something were to happen in the future I do not want to use the one expongement that I have on a case that resulted in dropped charges...and it was not even proven not guilty it was dismissed because they were bogus charges in the first place...on a side note I never want to say bogus again.

[Edited on February 11, 2008 at 2:59 PM. Reason : .]

2/11/2008 2:57:55 PM

Honestly, just call the apartment complex and speak with someone who has been there awhile. On the phone you are anonymous. Just ask them what they search for in the background check. There are dozens of Background checking companies, and they'll know what people have been turned down for.

2/11/2008 3:25:05 PM

You shouldn't be discriminated against due to something that was dropped...if they ask you about it, just say that there was a lack of evidence and the case was dismissed.

2/11/2008 3:34:42 PM

what apartment complex is it?

2/11/2008 3:40:57 PM

deny everything.

if you get caught, lie.

2/13/2008 3:14:06 AM

be honest about it...as long as it didn't involve a moral sin (lying, cheating, stealing) and it's just a misdemeanor, it probably won't affect your check

2/13/2008 6:38:33 AM

This is probably my apartment complex. They have denied people from taking over my lease because of very minor issues.

2/13/2008 8:29:40 AM