What if a background check lists my dismissed charge as a conviction?

Get the full screening report and compare the specific entry with the court’s final disposition. If the report says you were convicted when the charge was dismissed before conviction, dispute that exact field with the reporting company and provide a copy of the court record. A commercial background report is not the court’s official file, and a later court dismissal after a conviction is a different event.

Identify the report and the decision using it

Save the complete report, the name and contact information of the screening company, the case number, and any notice from the employer or landlord. Mark the exact charge and disposition entry you believe is wrong. If the report was used for a job, ask for the adverse-action notice and the report relied on. If it was used for housing, keep the tenant-screening notice and identify the company named there. Employment and tenant screening have different notices and procedures; use the information in the notice and the correct Federal Trade Commission guide for that use. (FTC: Employment background checks and your rights; FTC: Disputing errors in tenant background reports)

Check the court disposition before disputing

Get the docket or final order from the court where the case was filed. California Courts explains how to request copies from that court; ask whether a certified copy is needed for the purpose. (California Courts: Get a copy of a court record) Compare the case number, charge, and disposition date with the screening report. If the court’s own record is inaccurate, ask the court clerk or appropriate agency about correcting its source record as a separate step.

Be precise about what happened. A charge dismissed without a conviction is not the same as a conviction later dismissed after probation under Penal Code section 1203.4. That statute provides a post-conviction dismissal procedure for eligible cases; it does not mean the person was never convicted. (Penal Code § 1203.4) Do not describe every dismissed entry as erased or unreportable. The correct dispute depends on the exact court outcome and the purpose for which the report was used.

Send and track a focused dispute

Use the reporting company’s dispute process. Identify the case and the exact inaccurate disposition, attach the court order or docket entry, and state what correction you are requesting. Keep the submission, delivery confirmation, response, and any revised report. If the correction does not appear, ask what source was used and whether the company received your court documentation.

For help understanding a court disposition or related record issue, contact the Law Offices of David S. Chesley at (800) 755-5174.