How to Expunge a Dismissed Case?
Even though your case was dismissed, it may still appear on background checks until you take steps to remove it legally. A dismissal does not automatically expunge or erase the record. Expungement is a separate legal process that permanently clears the charge from public databases so employers, landlords, and background check companies cannot see it.
What Does Expungement Do?
Expungement removes the court record from public access, meaning:
The case will no longer appear on background checks
Most employers and landlords cannot see it
You can legally say you were not arrested or charged (in most states)
Data brokers must delete their copies
A dismissed case is often one of the easiest types of cases to expunge.
Who Can Expunge a Dismissed Case?
Eligibility varies by state, but in most places you can expunge a dismissed case if:
The case ended in a dismissal, nolle prosequi, or no charges filed
There are no pending charges against you
You completed required conditions (if any)
Some states allow immediate expungement. Others have a short waiting period.
How to Expunge a Dismissed Case (Step-by-Step)
1. Get your court records
Visit the courthouse or check the online portal to get:
the case number
the dismissal order
final disposition
docket sheet
These documents prove the case is eligible.
2. Check your state’s expungement laws
Every state has its own rules. Some require:
filing a petition
paying a filing fee
serving the prosecutor
attending a hearing
Others automatically allow expungement with just a simple form.
3. File an expungement petition
This is a legal document asking the court to seal or expunge the case. It includes:
your personal information
case number
date of dismissal
reason for the request
supporting documents
4. Serve all required parties
In many states, you must notify:
the prosecutor’s office
the arresting agency
the state police repository
They have the chance to object (but rarely do for dismissed cases).
5. Attend the court hearing (if required)
Some states require a short hearing before a judge.
For dismissed cases, approval is usually routine.
6. Obtain the expungement order
Once granted, the court will issue a signed order requiring all agencies to remove the record.
7. Verify that background checks are updated
After expungement:
police databases
court systems
online court portals
background check companies
private data brokers
must remove the record.
If they don’t, you may have an FCRA claim for reporting an expunged case.
How Long Does Expungement Take?
Most states take:
30–120 days for dismissed cases
Faster if no hearing is required
Longer if the court has a large backlog
Do You Need a Lawyer to Expunge a Dismissed Case?
Not necessarily, but many people hire one because:
paperwork must be correct
agencies must be notified
some states require a hearing
a legal error can delay approval
A lawyer helps ensure the case is truly erased everywhere.
How We Can Help
If your dismissed case still appears on background checks after expungement — or if you need help clearing a dismissed charge — we can guide you through the process and pursue compensation if a background check company reports it illegally.