A dismissed charge is not a conviction, but it can still show up on a background check, usually as an arrest. Whether it appears, and how it reads, depends on the type of check and whether the court’s dismissal was reported. Here is what to expect and how to clean it up in Oregon.
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Will a dismissed charge show up?
| Type of check | What usually appears |
|---|---|
| FBI fingerprint check | The arrest, and the dismissal if the court or agency reported it |
| Oregon state check | The arrest and case outcome from state records |
| Name-based employer screening | Court cases found in county records, often including dismissed ones (rules vary by purpose) |
The biggest risk is an arrest that shows no outcome at all. To an employer, that can look like an open case.
How to make sure the dismissal shows
- Get a certified copy of the dismissal from the court.
- Check your own FBI record to see what is listed. See how to read your FBI report.
- If the outcome is missing, ask the arresting agency or Oregon State Police to update it, or challenge the record with the FBI.
- Keep copies ready to share with employers or licensing boards.
Clearing a dismissed arrest in Oregon
Oregon law allows many arrests and dismissed charges to be set aside (sealed). Once the court grants it and the FBI is updated, the record generally should not appear on most checks. Some set-aside processes ask for fingerprints; see our expungement fingerprinting. Talk to a lawyer or legal aid about eligibility.
Related questions
How dismissed charges appear on different checks
- FBI fingerprint check: shows the arrest and, if the court reported it, the dismissal. If the outcome was never reported, the arrest may appear with no result.
- Name-based employer check: may show the dismissed case from court records. Under federal law, screening companies generally can’t report arrests that did not lead to a conviction once they are more than 7 years old, with an exception for some higher-paying jobs.
- Licensing boards: often ask you to list all arrests, even dismissed ones. Answer honestly and attach the dismissal paperwork.
What to keep on hand
- A certified copy of the dismissal order or court judgment
- The case number and the court’s name
- A copy of your own FBI record showing the outcome, once it has been updated
If a dismissed arrest is causing problems, an attorney or legal aid office can advise you on setting aside the arrest record in Oregon. You can check your FBI record first through our FBI background check service ($135).
Frequently asked questions
Do I have to disclose a dismissed charge?
It depends on the exact question asked. Read the wording carefully; many applications only ask about convictions.
How long does it take to update the FBI record?
Challenges are handled in the order received. Start early if you have a deadline.
General information, not legal advice.
