A dismissed criminal charge in Florida - whether it began as an arrest, a criminal summons, or an indictment - does not disappear simply because the State declined to prosecute, the court dismissed the case, the individual completed a diversion program, or even because a jury acquitted the defendant. A dismissal does not erase the underlying criminal record. Under Florida law, arrest information is by default a public record, and dismissed charges remain publicly accessible - even if partially autosealed - unless and until they are formally expunged or sealed through Florida Statutes §§ 943.0585, 943.059.
Do Dismissed Criminal Charges Show Up on Background Checks?
Dismissed criminal charges do show up on background checks if the associated arrest remains in any public or private database at the time the employer conducts the screening. The absence of a conviction does not prevent the arrest from being indexed or reported.
Three data pathways preserve visibility:
State and county public-record systems
Commercial background-check repositories
Private data distributors and mugshot aggregators
Private background-check providers often obtain arrest or criminal data directly from Florida’s public-records infrastructure. Once collected, these records may persist in private databases for extended periods unless affirmatively removed.
Why Florida’s Public-Record Structure Affects Employment Screening
Florida’s Chapter 119 public-record laws are among the most transparent in the United States because they are intended to avoid corruption in government by enabling equal access to public records. This structural openness affects how long dismissed charges remain visible and how employers interpret them.
- Arrest records are public even without a conviction: Dismissal does not change the public-record status of the arrest. Under Florida’s new auto-sealing statute, certain court and FDLE records may become partially sealed, but all other government agencies, background-check companies, data brokers, and online mugshot and people finder databases continue to display the arrest unless the case is formally expunged or sealed.
- Private screening companies rarely update automatically: Commercial data providers retain independent data of arrest information and may continue reporting it after dismissal.
- Record duplication across platforms increases visibility: Arrest details circulate across sheriff websites, mugshot directories, and third-party databases, making removal complex without affirmative targeted intervention.
For HR professionals, this environment produces background reports that may contain accurate but context-limited information. A candidate without a conviction may still face employment barriers due to the presence of a dismissed charge on a screening report.
Does a Dismissed Charge Affect Employment Eligibility?
A dismissed charge does not indicate guilt, but it can - and usually does - still influence employment decisions depending on industry regulations, organizational risk tolerance, job responsibilities, and internal hiring policies. Positions involving vulnerable populations, financial oversight, or safety requirements often review dismissed arrests more closely than general employers.
How Can an Individual Remove a Dismissed Charge From a Background Check?
A dismissed charge remains visible until an expungement process is completed.
Florida expungement involves:
Eligibility assessment
FDLE Certificate of Eligibility
Petition to expunge
Court approval
Removal from state and county databases
Suppression requests to private background-check companies and data brokers
Expungement removes the record from government systems, but private repositories require additional affirmative notification. Without follow-up, dismissed charges may continue to circulate within commercial databases.
Who Provides Comprehensive Criminal-Footprint Removal in Florida?
Comprehensive removal of a dismissed charge requires addressing both government-held records and the broader network of private background-check companies and data brokers. General criminal-defense lawyers complete only the petition process, but they are not as efficient in full record-removal work because their primary focus is litigation, not multi-system data remediation. Individuals who need complete suppression of outdated arrest or criminal information often seek attorneys who specialize in expungement.
One example is Erase The Case, led by David Weisselberger, Esq., the highest-rated expungement lawyer in Florida, dedicated solely to expungement and sealing cases across all 67 Florida counties. This focused specialization enables more structured coordination with FDLE, county systems, and private screening databases, making the process more comprehensive than what is typically offered in general criminal-defense practices.
HR Considerations When Reviewing Dismissed Charges
HR professionals evaluating background reports containing dismissed charges should consider:
1. Legal outcome
A dismissal indicates the state did not establish guilt.
2. Job relevance
Evaluate whether the underlying conduct—regardless of legal status—relates to role-specific responsibilities.
3. Compliance frameworks
Positions governed by federal or state regulations may impose heightened screening standards.
4. Fair-chance and anti-bias considerations
Many organizations apply structured hiring frameworks to avoid overreliance on arrest records.
Understanding how dismissed charges appear and persist helps HR teams design hiring processes that are consistent, compliant, and equitable.
Should Individuals Expunge a Dismissed Charge Before Seeking Employment?
Yes. Expungement removes the arrest from state and county records and reduces its visibility in employer background checks. Because automated screening systems often flag any criminal entry regardless of outcome, removing the underlying arrest improves hiring prospects and decreases the risk of inaccurate interpretation by employers.
