Will a Dismissed Case Show Up on My Background Check in Texas?

One of the most common—and most misunderstood—questions we get at Texas Defenders is this:

“If my case was dismissed, does it still show up on a background check?”

The answer is yes—and that surprises most people. While a dismissal is better than a conviction, it doesn't mean the case disappears from your record. In Texas, the fact that you were arrested and charged is often still visible to employers, landlords, and government agencies unless you take extra legal steps.

Let's walk through the law and your options for clearing your name.

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✅ 1. A Dismissal Is NOT a Conviction

Under Texas law, a case is considered dismissed when the prosecutor decides not to proceed, often due to:

• Lack of evidence

• A successful motion to suppress

• A deferred prosecution program

• Or strategic negotiations

You are not found guilty, and you are not convicted.

Under the Texas Code of Criminal Procedure, Article 55.01, this matters for eligibility for an expunction, but dismissal alone does not seal or erase your record.

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⚠️ 2. Even a Dismissed Case Still Appears on Background Checks

Most employers and agencies use third-party background check services that pull public records from:

• Arrest databases (Texas DPS, local police departments)

• County court case records

• Jail booking logs

• Online court portals

Even if your case is marked “Dismissed” or “No Billed,” the following information is likely to appear:

• Your arrest date

• The criminal charge (e.g., Assault, Theft, DWI)

• Your court appearances

• The final result (even if favorable)

Texas does not automatically hide this information. It is considered part of your public criminal history until you successfully remove it through legal means.

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🔍 3. The Type of Background Check Matters

There are different levels of background checks:

✅ Basic Employment Checks

Usually include convictions—but some include arrests.

✅ FBI or Law Enforcement Checks

Include all arrests and charges—even those dismissed.

✅ Professional Licensing, Immigration, or Security Clearances

These often involve full access to your criminal history. A dismissal will be seen, and questions will be asked.

This means even an innocent person with a dismissed case may face issues with:

• Getting hired

• Renting an apartment

• Joining the military

• Securing a visa or green card

• Obtaining a firearm

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🚫 4. Dismissed Cases Can Harm Your Reputation

Just because your case didn't result in a conviction doesn't mean it won't raise red flags. People reviewing your background may not understand the difference between a dismissal and a conviction.

We've seen clients lose out on jobs and housing even with a clean dismissal, simply because the arrest record made them look suspicious.

This is why clearing your record is critical.

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🧹 5. Expunction Is the Best Way to Clean Your Record

In Texas, the legal process for erasing a dismissed case is called an expunction.

Under Texas Code of Criminal Procedure § 55.01, you may be eligible to expunge your record if:

• You were arrested but never charged, and the statute of limitations has passed

• Your case was dismissed without probation

• A grand jury issued a “no bill”

• You completed a pretrial diversion program

• You were acquitted, pardoned, or found actually innocent

Once granted, an expunction deletes:

• Arrest records

• Jail records

• Court filings

• DPS criminal history

• All online databases that participated in the arrest

Read our full guide:
👉 What Is an Expunction in Texas?

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🕒 6. Why We Don't Include Expunctions Automatically

When clients hire us to fight a criminal case, they often ask if expunction is included. The answer is: not at first.

Here's why:

• Eligibility depends on how the case ends. Until we know the result, we can't guarantee you're eligible.

• Some dismissals still bar expunction, such as those after probation or plea deals.

• You may need to wait a certain number of years depending on the charge.

• Expunctions require a separate civil filing in district court—and not everyone qualifies.

But the good news is: once your case is over, we will evaluate you for expunction and guide you through the process if you're eligible.

If you're not eligible, you may still qualify for a nondisclosure, which seals (but does not delete) your record.
👉 Expunction vs. Nondisclosure in Texas

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📞 Talk to a Texas Criminal Defense Attorney Today

At Texas Defenders, we're here to help clear your name—and your future. We defend criminal cases across Dallas, Tarrant, and Collin counties, and we know the ins and outs of how these records affect real lives.

If your case was dismissed, don't assume you're in the clear. Let us help you find out what's on your record—and take steps to erase it for good.

📞 Call us at (214) 306-9696 or contact us online to schedule a free consultation.

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🔗 Related Posts:

• How to Clear Your Criminal Record in Texas

• What Is a Non-Disclosure Order?

• What Shows Up on a Background Check in Texas?