Do Dismissed Charges Show on Background?

TL;DR

Yes. Dismissed charges in Arizona still appear on most background checks because the underlying arrest and case filing remain in the public court record. Removal requires record sealing under A.R.S. 13-911 (added in 2023), which restricts public access to the records but does not erase them entirely.

A charge gets dismissed. The case is over. You assume the whole thing disappears.

It doesn’t.

In Arizona, dismissed charges can still show up on background checks, court record searches, and even some government database queries. The fact that a prosecutor dropped the case or a judge threw it out does not automatically erase the record of the arrest or the filing. The charge existed. It was entered into a public court system. And unless you take specific legal steps to remove or restrict access to that record, it remains visible to anyone who knows where to look.

This creates real problems for people applying for jobs, housing, professional licenses, and government clearances. Understanding exactly what shows up, who can see it, and what you can do about it is the difference between moving forward cleanly and having a dead case follow you for years.

How Arizona Background Checks Work

Most employers in Arizona run background checks through third-party consumer reporting agencies. These companies pull records from multiple sources: county court databases, the Arizona Criminal Justice Information System (ACJIS) maintained by the Department of Public Safety, federal court records, and sometimes national aggregator databases that compile records from jurisdictions across the country.

When a criminal charge is filed in Arizona, it creates a record in the court system for the county where the case was handled. Maricopa County, Pima County, Yavapai County, Mohave County, and every other jurisdiction in the state maintains publicly accessible court records through online portals. Anyone can search these records by name. The results show the charge, the case number, the filing date, and the disposition, which includes dismissals.

The Arizona Criminal Justice Information System is the statewide database managed by DPS. It contains arrest records, fingerprint records, and criminal history information reported by law enforcement agencies and courts throughout the state. A dismissed charge typically still appears in ACJIS because the arrest record and the initial charge filing are both logged before any disposition is entered.

Third-party background check companies scrape these databases, compile the results, and sell reports to employers. The quality and completeness of these reports varies. Some companies update their records frequently. Others rely on stale data that may not reflect a dismissal even when one has been entered. This means a background check might show a charge without showing that it was later dismissed, which is worse than showing the dismissal itself.

Under the Fair Credit Reporting Act (FCRA), consumer reporting agencies are supposed to maintain reasonable procedures to ensure accuracy. If a background check report contains outdated or incorrect information, you have the right to dispute it directly with the reporting company. They are required to investigate and correct errors within 30 days. But you have to know the error exists first, and you have to initiate the dispute yourself. For details, see first-time offense diversion programs.

Dismissed Charges vs. Acquittals vs. Set-Asides vs. Sealed Records

These terms get confused constantly, and the differences matter because each one has a different effect on what shows up in a background check.

Dismissed charges mean the case was terminated before a verdict. A prosecutor might dismiss a case because evidence was insufficient, a witness became unavailable, or the defendant completed a diversion program. A judge might dismiss a case for procedural reasons, such as a speedy trial violation or a successful suppression motion. Either way, the case ends without a conviction. But the record of the charge remains in the court system and in ACJIS.

Acquittals mean a judge or jury found the defendant not guilty after a trial. Like a dismissal, an acquittal does not result in a conviction. The charge and the not-guilty verdict both remain in the court record. Arizona does not automatically expunge or seal records after an acquittal.

Set-asides under ARS §13-905 are a post-conviction remedy. After completing a sentence (including probation, fines, and restitution), a person can petition the court to set aside the judgment of guilt. If granted, the court enters an order that the conviction is set aside and the case is dismissed. The set-aside does not erase the record. The original conviction and the set-aside order both remain visible on a background check. What changes is the disposition: it now shows that the conviction was set aside. For more on how this differs from other options, see our guide on expungement vs. set-aside and record sealing in Arizona.

Sealed records under ARS §13-911, which took effect in January 2023, go further than a set-aside. When a record is sealed, the court file, arrest records, and associated documents are removed from public access. A sealed record does not appear on standard background checks. Certain government agencies and law enforcement can still access sealed records under specific circumstances, but employers, landlords, and licensing boards generally cannot. We cover the full sealing process in our detailed breakdown of sealing records in criminal cases.

Expungement in Arizona is limited. True expungement (complete destruction of records) is only available for marijuana-related offenses that qualify under Proposition 207, codified at ARS §36-2862. For everything else, sealing is the closest equivalent Arizona offers.

The practical takeaway: a dismissal alone does not hide the record. A set-aside changes the label but keeps the record visible. Sealing actually restricts access. And expungement, where available, destroys the record entirely.

What Employers Can Legally Ask About in Arizona

Arizona law places some limits on how employers can use criminal history information, but those limits are narrower than many people expect.

ARS §23-1361: Employer Inquiries

Under ARS §23-1361, Arizona employers cannot refuse to hire someone solely because of a criminal record unless the offense has a reasonable relationship to the job. The statute requires employers to consider factors like the nature and gravity of the offense, the time that has passed since the offense or completion of the sentence, and the nature of the job being sought.

This does not mean employers cannot ask about criminal history. It means they cannot use criminal history as an automatic disqualifier without considering the context. In practice, the distinction matters less than it should, because proving that an employer rejected you solely because of a record (rather than citing some other reason) is difficult.

Arizona does not have a statewide “Ban the Box” law that applies to private employers. The city of Phoenix passed a Ban the Box ordinance in 2017 that applies to city employment, prohibiting criminal history questions on initial job applications. Some other municipalities have similar policies. But the majority of private employers in Arizona can still ask about criminal history on job applications, during interviews, and at any point in the hiring process.

For public employment, Arizona’s state government removed criminal history questions from initial applications in 2017 through an executive order. This means state agencies cannot ask about criminal history until later in the hiring process, typically after an interview or conditional job offer. County and municipal policies vary.

What Employers Are Told About Dismissed Charges

Here is the critical point: when an employer receives a background check report showing a dismissed charge, Arizona law does not prohibit them from seeing that information. The charge was filed in a public court. The arrest may have been recorded in a public database. The dismissal appears as the disposition, but the entire record is still there.

The FCRA imposes a seven-year reporting limit on certain negative information, including arrests that did not result in convictions. This means consumer reporting agencies generally should not report dismissed charges older than seven years. But charges dismissed within the past seven years are fair game for inclusion in a background check report.

Some employers will see a dismissed charge and move on. Others will treat it as a red flag regardless of the outcome. The law says employers should consider context and relevance. Reality is messier.

EEOC Guidance on Criminal Records in Hiring

The Equal Employment Opportunity Commission has issued guidance stating that blanket policies excluding all applicants with criminal records can violate Title VII of the Civil Rights Act if they have a disparate impact on protected groups. The EEOC recommends that employers conduct individualized assessments, considering the nature of the crime, the time elapsed, and the nature of the job.

This guidance applies to dismissed charges as well. The EEOC’s position is that an arrest alone (without a conviction) should carry little weight in hiring decisions because an arrest does not establish that a person committed an offense. A dismissed charge falls into this category. The charge was filed but did not result in a conviction.

However, EEOC guidance is not binding law in the same way a statute is. Employers who violate the guidance may face enforcement actions or lawsuits, but the bar for proving a Title VII violation based on criminal record screening is high. The guidance gives job applicants some protection, but not a guarantee.

What Shows on Arizona Court Records and ACJIS

Arizona’s court records are largely public. The Arizona Judicial Branch maintains an online public access portal where anyone can search case records by name, case number, or other identifiers. Each county superior court, justice court, and municipal court also maintains its own records system.

When you search a person’s name in these systems, the results show every case filed in that jurisdiction, including dismissed cases. The record typically displays the charge, the filing date, scheduled hearing dates, and the final disposition. If the charge was dismissed, the disposition reflects that. But the record itself remains searchable and visible.

ACJIS is less accessible to the general public. Employers who conduct fingerprint-based background checks through DPS receive ACJIS results that include arrest records and court dispositions. These records are more detailed than what shows on the public court portal and may include information about arrests that never resulted in filed charges.

The combination of public court records and ACJIS means that a dismissed charge can surface through multiple channels during a background check. Even if one source fails to show the dismissal, another source may show the arrest, and a thorough background check company will pull from both.

How to Check Your Own Record

Before applying for a job, housing, or a professional license, check what your record actually shows. You may be surprised by what appears (or by errors in what appears).

DPS Criminal History Record. You can request your own criminal history record from the Arizona Department of Public Safety. This requires submitting a fingerprint card and a processing fee. The current fee is approximately $22 for a state-level check. DPS will return a report showing arrest records and dispositions in the ACJIS system. This is the same database that law enforcement and some employers access through fingerprint-based checks.

Court Records. Search your name on the Arizona Judicial Branch public access site and on individual county court portals. Look for every case associated with your name, including cases you may have forgotten about or cases from jurisdictions you may not have considered. A missed court date in a county you passed through years ago might have generated a failure to appear warrant that still shows on your record.

Commercial Background Check. You can also request a copy of your own consumer report from major background check companies. Under the FCRA, you are entitled to one free report per year from any consumer reporting agency that has a file on you. Companies like Checkr, Sterling, and GoodHire are commonly used by Arizona employers.

Review every source. If you find errors (a dismissed charge reported as a conviction, an arrest that belongs to someone else, a case disposition that was never updated), dispute them immediately with the reporting entity.

Set-Aside Under ARS §13-905: What It Does and What It Doesn’t

Arizona’s set-aside statute has been available for decades, and it remains the most commonly used post-conviction relief tool in the state. After completing all terms of a sentence, a person can petition the sentencing court to set aside the judgment of guilt. If the court grants the petition, it enters an order setting aside the conviction and dismissing the case.

What a set-aside does: it changes the official disposition on your record from “convicted” to “conviction set aside, case dismissed.” This signals to anyone reviewing your record that a court reviewed the case after completion of the sentence and determined the conviction should be vacated. For some employers and licensing boards, this carries weight. It shows rehabilitation and compliance with all court-ordered conditions.

What a set-aside does not do: it does not hide the record. The original charge, the conviction, and the set-aside order all remain visible on court records and in ACJIS. Anyone running a background check will still see the case. They will also see the set-aside, which is better than a bare conviction, but the record is not gone.

A set-aside also does not restore gun rights for felony convictions (that requires a separate process under restoration of rights) and does not relieve a person of sex offender registration requirements or certain other collateral consequences.

For dismissed charges specifically, a set-aside is not relevant because there was no conviction to set aside. If your case was dismissed, the set-aside statute does not apply to your situation. Your record already shows a dismissal as the disposition. The question is whether you can take the additional step of sealing the record to restrict access entirely.

Record Sealing Under ARS §13-911: The 2023 Law

Arizona’s record sealing statute, ARS §13-911, took effect on January 1, 2023. It represents a significant expansion of record-clearing options in the state.

Eligibility

Record sealing is available for most criminal offenses after certain waiting periods. The waiting periods depend on the type of offense and begin after completion of the sentence (including probation, fines, and restitution).

For dismissed charges and acquittals, no waiting period applies. If your case was dismissed or you were found not guilty, you can petition to seal the record immediately. This is one of the most important provisions of the law for people whose charges did not result in convictions.

For completed sentences on misdemeanors, the waiting period is generally two to three years. For felonies, the waiting period ranges from two to ten years depending on the offense category. Certain offenses are not eligible for sealing at all, including most dangerous offenses, sexual offenses requiring registration, offenses involving a minor victim, and some DUI offenses.

Process

To seal a record, you file a petition with the court that handled the original case. The petition must identify the case, the charges, and the grounds for sealing. The court notifies the prosecutor, who has 30 days to respond. If the prosecutor does not object, the court may grant the petition without a hearing. If the prosecutor objects, the court schedules a hearing where both sides can present arguments.

The court considers several factors when deciding whether to grant a sealing petition: the nature of the offense, the applicant’s criminal history, the time that has passed, the applicant’s rehabilitation efforts, and the interests of justice.

Effect of Sealing

When a record is sealed, it is removed from public court records and ACJIS. Standard background checks will not show the sealed record. The person whose record was sealed can legally state that they have not been arrested, charged, or convicted for the sealed offense in most contexts.

There are exceptions. Law enforcement and criminal justice agencies can still access sealed records for law enforcement purposes. If the person is later charged with a new offense, the prosecution can access sealed records. Certain government positions requiring security clearances may also have access.

For most practical purposes, including job applications, housing applications, and professional licensing, a sealed record is invisible.

Expungement for Marijuana Offenses Under Proposition 207

When Arizona voters approved Proposition 207 (the Smart and Safe Arizona Act) in 2020, they legalized recreational marijuana and created a true expungement process for certain marijuana-related offenses. This is codified at ARS §36-2862.

Expungement under Prop 207 is different from sealing. Expungement requires the court to order the destruction of arrest records, court records, and related documents. Once a marijuana offense is expunged, it no longer exists in any database.

Eligible offenses include possession of up to 2.5 ounces of marijuana, possession of marijuana paraphernalia, and cultivation of six or fewer marijuana plants for personal use, provided these activities are now legal under Prop 207. Both convictions and dismissed charges for these offenses are eligible for expungement.

If you have a dismissed marijuana charge on your record that meets the Prop 207 criteria, expungement is the strongest remedy available. It goes beyond sealing by requiring actual destruction of the records rather than simply restricting access.

Professional Licensing Boards and Dismissed Charges

Arizona’s professional licensing boards (covering fields like nursing, real estate, teaching, contracting, cosmetology, and many others) conduct their own background checks as part of the licensing process. Many boards ask applicants to disclose any arrests, charges, or convictions, including dismissed cases.

The question on a licensing application might read: “Have you ever been arrested for, charged with, or convicted of any criminal offense?” If the question is worded this broadly, a dismissed charge must be disclosed even though it did not result in a conviction. Failure to disclose can result in denial of the license for dishonesty on the application, which is often treated more seriously than the underlying charge itself.

Licensing boards have discretion in how they evaluate criminal history. A dismissed charge is generally viewed more favorably than a conviction, but it still triggers additional scrutiny. The board may request court records, a written explanation, and evidence of rehabilitation.

Sealing your record under ARS §13-911 can change this calculus. If the record is sealed, you are generally not required to disclose it. The statute allows a person with a sealed record to state that they have not been charged or convicted for the sealed offense. This applies to licensing applications as well, with limited exceptions for law enforcement and certain government positions.

Housing Applications and Criminal Records

Landlords in Arizona commonly run background checks on prospective tenants. Like employers, landlords can access public court records and purchase consumer background check reports. Dismissed charges can appear on these reports just as they appear on employment background checks.

Arizona does not have a statewide law restricting landlords from considering criminal history in rental decisions. Some municipalities have adopted tenant protection ordinances, but coverage varies. In most parts of the state, a landlord can deny a rental application based on criminal history, including dismissed charges, as long as the decision does not violate federal fair housing laws.

The U.S. Department of Housing and Urban Development (HUD) has issued guidance similar to the EEOC’s position on employment. HUD’s guidance states that blanket criminal history bans in housing can violate the Fair Housing Act if they disproportionately affect protected groups. But as with EEOC guidance, proving a fair housing violation based on criminal record screening requires showing disparate impact and is not straightforward.

Sealing a dismissed charge under ARS §13-911 removes it from the pool of records that landlords can access during background checks. For people who have been denied housing because of old dismissed charges, sealing is the most direct solution.

Federal Background Checks vs. State

Federal employers and positions requiring security clearances use different background check processes than private Arizona employers. Federal background checks pull from the FBI’s national criminal database (the Interstate Identification Index), which compiles records from every state, including Arizona’s ACJIS submissions.

Federal background checks are not subject to the FCRA’s seven-year reporting limit on non-conviction records. A dismissed charge from 20 years ago can appear on a federal background check. Federal employers and security clearance investigators also have broader authority to consider criminal history, and Arizona’s state-level protections under ARS §23-1361 do not apply to federal employment decisions.

If you are applying for a federal position, military service, or a job requiring a security clearance, assume that every arrest and charge in your history will be visible regardless of disposition. Sealing a record under Arizona law restricts access for state-level purposes but does not prevent federal agencies from accessing the underlying data through their own channels.

This is an important distinction. Arizona’s sealing statute binds Arizona courts, Arizona law enforcement, and entities that access Arizona court records. It does not bind federal agencies operating under federal authority.

Practical Steps to Clean Up Your Record After a Dismissal

If you have dismissed charges on your Arizona record, here is what the cleanup process looks like.

First, pull your records from all sources. Get your DPS criminal history report, search every county court portal where you may have had a case, and request a consumer background check report on yourself. Identify every dismissed charge that appears.

Second, correct any errors. If a background check report shows a dismissed charge as a conviction, or if court records contain inaccurate information, file disputes immediately. Contact the court clerk for record corrections and the background check company for report corrections under the FCRA.

Third, petition for sealing. Under ARS §13-911, dismissed charges can be sealed with no waiting period. Prepare and file a petition with the court that handled the original case. Include the case number, a copy of the dismissal order, and your grounds for requesting the seal. If you have dismissed charges in multiple counties, you will need to file separate petitions in each court.

Fourth, follow up. After the court grants a sealing order, verify that the record has been removed from public court databases and that DPS has updated ACJIS. This process is not always automatic. You may need to provide copies of the sealing order to DPS and to specific courts to ensure the records are actually restricted.

Fifth, monitor your record going forward. Run periodic background checks on yourself to confirm that sealed records are not reappearing. Database errors and delays in updating records are common. Catching a problem early is easier than discovering it during a job application.

How a Criminal Defense Attorney Can Help

Record clearing is technically something a person can do without a lawyer. The petition forms are available through the courts, and the process is spelled out in the statutes. But the practical reality is that navigating the system efficiently, particularly when dealing with multiple charges across multiple jurisdictions, benefits from legal experience.

A defense attorney familiar with Arizona’s record-clearing options can review your complete criminal history, identify which charges are eligible for sealing or expungement, determine which courts have jurisdiction over each case, prepare petitions that address the statutory factors courts consider, respond to prosecutor objections, and appear at hearings if needed.

An attorney can also advise on related issues that affect your record, such as whether a failure to appear in an old case needs to be resolved before a sealing petition can move forward, or whether a diversion program completion was properly recorded as a dismissal.

The goal is straightforward: make sure your record accurately reflects what happened, and then use every available legal tool to restrict access to records that no longer serve any public safety purpose.

Frequently Asked Questions

Do dismissed charges show up on a background check in Arizona? Yes. Dismissed charges remain in Arizona’s public court records and in the ACJIS database maintained by DPS. Third-party background check companies routinely include dismissed charges in their reports. The dismissal itself should appear as the disposition, but the record of the charge and arrest remains visible unless the record is sealed.

Can an employer refuse to hire me because of a dismissed charge? Arizona law under ARS §23-1361 requires employers to consider the relationship between a criminal record and the job. EEOC guidance states that arrests without convictions should carry minimal weight in hiring decisions. However, enforcement of these protections is uneven, and proving that an employer rejected you specifically because of a dismissed charge is difficult without direct evidence.

How long do dismissed charges stay on my record in Arizona? Indefinitely. Arizona does not automatically remove dismissed charges from court records or ACJIS after any period of time. The FCRA limits consumer reporting agencies from reporting non-conviction records older than seven years, but the underlying records remain in court and state databases permanently unless sealed or expunged.

Can I seal a dismissed charge in Arizona? Yes. Under ARS §13-911, which took effect in January 2023, dismissed charges are eligible for sealing with no waiting period. You file a petition with the court that handled the case. If granted, the record is removed from public access and standard background checks.

What is the difference between sealing and expungement in Arizona? Sealing restricts public access to the record but does not destroy it. Law enforcement and certain government agencies can still access sealed records under limited circumstances. Expungement requires actual destruction of the records and is only available in Arizona for qualifying marijuana offenses under Proposition 207. For most offenses, sealing is the strongest remedy available.

Will a sealed record show up on a federal background check? It may. Arizona’s sealing statute binds Arizona courts and state databases, but federal agencies conducting background checks through the FBI’s national database operate under federal authority. For positions requiring security clearances or federal employment, sealed state records may still be accessible.

Do I need a lawyer to seal my record? You are not required to have a lawyer. The petition process is available to anyone. However, an attorney can help identify all eligible records, prepare complete petitions, handle multiple jurisdictions, and respond to any prosecutor objections, which reduces the risk of delays or denials.

Can a landlord see dismissed charges on my record? Yes, unless the record has been sealed. Landlords in Arizona can access public court records and purchase background check reports that include dismissed charges. Sealing the record under ARS §13-911 removes it from these sources.

Take Action on Your Record

If dismissed charges are still showing up on your record, you have options. Arizona’s record sealing law gives people with dismissed cases an immediate path to restricting public access. The process starts with understanding what your record actually shows and then filing the right petitions in the right courts.

Rideout Law Group helps people across Arizona clear dismissed charges, obtain set-asides, seal records, and pursue expungement for qualifying marijuana offenses. If you need help cleaning up your criminal record, contact our offices to schedule a consultation.

Scottsdale Office: 480-584-3328 Lake Havasu City Office: 928-854-8181

Related Resources From Rideout Law

Key Takeaways

Dismissals do not automatically clear a record in Arizona.
Most third-party background checks pull from Arizona court databases that include filed-and-dismissed cases.
Federal FCRA limits non-conviction reporting to 7 years for most positions, but exceptions apply.
A.R.S. 13-911 record sealing restricts public access to dismissed cases when granted.
Sealing requires a petition, court hearing, and case-by-case approval. It is not automatic.

Arizona Statute References

Statute citations in this article reference the Arizona Revised Statutes (A.R.S.). Read the full text on the Arizona Legislature website:

A.R.S. 13-911: Arizona Revised Statutes
A.R.S. 13-905: Arizona Revised Statutes
A.R.S. 13-4051: Arizona Revised Statutes

Talk to a Rideout Law Group Attorney

If you are facing criminal charges in Arizona, the decisions you make in the first few days can shape the rest of your case. Rideout Law Group represents clients across Maricopa and Mohave County from offices in Scottsdale and Lake Havasu City.

Call (480) 584-3328 for a free consultation, or contact us online to schedule a confidential review of your case.

Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship between you and Rideout Law Group. Every criminal case turns on specific facts, court of jurisdiction, and procedural posture. If you are facing charges in Arizona, consult a licensed Arizona criminal defense attorney about your individual situation. Past results do not guarantee future outcomes.