I Was Falsely Accused and the Case Was Dropped, but It Still Appears on My Background Checks! How Can I Remove It?
If you were falsely accused and your case was dropped, dismissed, or never prosecuted, it can still appear on background checks — and unfortunately, that is common. Dropped charges do not automatically disappear from public records. However, you can have the information corrected, updated, sealed, or expunged depending on your state’s laws and the accuracy of what’s being reported.
Why a Dropped Case Still Appears on Your Background Check
Even when a charge is false and dismissed, it may still show up because:
Court records still show the case was filed
The dismissal hasn’t been updated in digital systems
Background check companies pull outdated criminal databases
Third-party data brokers still show the case as “open”
The charge was never expunged or sealed
Identity or data-matching issues
HireRight/Checkr/First Advantage pulled old information
Many people assume that a dropped case disappears automatically — but that almost never happens.
Is It Legal for a Background Check to Report a Dropped Case?
Yes and no — it depends on how it’s reported.
Legal
A background check can show that a case existed if it happened within the legally allowed reporting period (usually 7 years).
Illegal
A background check cannot report:
The case as pending or open when it was dismissed
Incorrect charges
Wrong disposition (ex: reported as conviction)
Outdated or incomplete information
Someone else’s case under your name
If the reporting is inaccurate or misleading, it may violate the Fair Credit Reporting Act (FCRA).
How to Remove a Dropped Case From Your Background Checks
Here’s what works in the real world:
1. Get the official court documents. You’ll need proof of:
dismissal
non-prosecution
nolle prosequi
no charges filed
This is the foundation for all corrections.
2. File a dispute with the background check company. Submit:
your court paperwork
a written explanation
identification documents
They must reinvestigate and update the entry.
3. Contact the employer or agency. Tell them your report is inaccurate and being disputed. Many pause the hiring decision.
4. Consider sealing or expunging the case. Depending on your state, dropped charges can often be:
sealed, or
expunged
Once expunged or sealed, they must be removed from future background checks.
5. Monitor your reports regularly. Dropped cases tend to reappear from old data brokers unless fully removed.
6. Contact an FCRA attorney if the report was wrong. If the background check listed your dropped case as:
pending
open
a conviction
active
duplicated
or matched to someone else
you may be entitled to compensation.
How We Can Help
If your dropped case or false accusation is still appearing on background checks, we can force the screening company to correct the error and pursue compensation for any harm it caused. These outdated information cases often qualify as strong FCRA violations.