Dismissed Criminal Charges in MA: Will They Show Up on a Background Check?

Having a Massachusetts criminal case dismissed can be a major relief, but many people are surprised to learn that “dismissed” and “erased” are not the same thing. Whether a dismissed case can appear in a background check depends on the type of check, the requester’s level of access, whether the record has been sealed, and the particular disposition.

If a past case is affecting employment, housing, professional licensing, or another opportunity, it is important to determine exactly what the record shows instead of assuming that a dismissal automatically removed it.

Does a Dismissed Charge Mean You Were Convicted?

No. A dismissal is not a criminal conviction.

That distinction is important because Massachusetts Criminal Offender Record Information, commonly called CORI, provides different categories of information depending on who is requesting the record and the level of access authorized by law.

For example, standard CORI access used by many employers does not ordinarily provide non-conviction information such as a dismissed charge. Some entities with higher statutory levels of access may have access to non-conviction information, and certain fingerprint-based checks may also disclose information that an ordinary name-based employment CORI would not.

What Is CORI?

CORI is Massachusetts Criminal Offender Record Information. A name-based CORI check searches Massachusetts court information associated with a person’s identifying information.

Not every person or organization receives the same information. Massachusetts has several CORI access levels based on the requester’s legal authority and reason for obtaining the record.

That is one reason two different background checks can produce different results.

Can Employers See a Dismissed Charge?

For ordinary standard CORI access, non-conviction information is generally not included after the charge has been dismissed. However, some employers, licensing bodies, governmental agencies, and other authorized organizations may qualify for a higher level of CORI access.

There are also background-screening situations outside a basic standard CORI check, including fingerprint-supported checks for certain regulated positions.

Therefore, the safest answer is not simply “yes” or “no.” It depends on who is conducting the check, what type of check is being performed, and whether the criminal record has been sealed.

For more about employment and housing issues after a conviction, see our FAQ on criminal convictions, jobs and housing in Massachusetts.

Is a Dismissed Case Automatically Sealed?

Not every dismissed case is automatically sealed simply because the case ended.

Massachusetts General Laws Chapter 276, Section 100C provides specific rules for non-conviction records. Cases ending in a not-guilty finding, no bill by a grand jury, or a finding of no probable cause are treated differently under the statute from cases that end through a dismissal or nolle prosequi.

When a case has been dismissed or the Commonwealth has entered a nolle prosequi, a person may ask the court to seal the record. The court considers whether substantial justice would best be served by sealing it.

For a focused explanation of this process, see our FAQ: Can a dismissed criminal case be sealed in Massachusetts?

What Does the Court Consider When Asked to Seal a Dismissed Case?

Massachusetts court guidance identifies several considerations that may be relevant when someone petitions to seal a dismissal or nolle prosequi, including:

• Disadvantages caused by the criminal record remaining available
• Evidence of rehabilitation
• Whether sealing would help overcome those disadvantages
• The circumstances surrounding the case
• The amount of time that has passed
• The nature of the disposition and why the case ended

The decision is based on the particular record and circumstances rather than a universal rule that every dismissal must automatically be sealed.

What Happens After a Record Is Sealed?

Sealing does not physically destroy every record. Instead, it sharply limits access.

Massachusetts law provides that, in response to many inquiries from authorized persons other than courts or law enforcement, a sealed record is reported as though no record exists. The law also provides important protections concerning how a person with a sealed record may answer certain employment, housing, and occupational-license questions.

For a fuller explanation of eligibility, the sealing process, and what happens after a record is sealed, visit our page about sealing a criminal record in Massachusetts.

Is Sealing the Same as Expungement?

No. Sealing and expungement are different.

Sealing restricts access to a criminal record. Expungement is a separate remedy available only when Massachusetts statutory requirements are satisfied.

Do not assume that a dismissal automatically qualifies for expungement simply because no conviction occurred.

For more information, see our FAQ explaining what criminal charges can be sealed or expunged in Massachusetts.

What If the Dismissed Case Still Appears Somewhere?

If you find a case on a background report that you believed was sealed or should no longer appear, first determine what type of record or background check you are looking at.

A personal CORI, standard employment CORI, required-access CORI, fingerprint-based result, court record, and privately generated background report are not necessarily the same thing.

It can also be important to determine whether the court and Massachusetts Probation Service have correctly processed a sealing order and whether the information on the record is accurate.

Should You Request Your Own Record?

If you are concerned about a past case, obtaining your own record can help you see what Massachusetts records currently show. That may be especially useful before applying for a job, housing, professional license, or other opportunity where criminal-history screening is expected.

Frequently Asked Questions About Dismissed Charges

Does dismissal mean the charge is gone from every database?

No. A dismissal means the criminal prosecution ended without a conviction on that charge, but record access and sealing are separate questions.

Can a dismissed case be sealed immediately?

A dismissal or nolle prosequi does not use the same conviction waiting periods that apply to many misdemeanor and felony convictions. A petition may be made under the rules governing non-conviction records, although the court must still decide whether sealing is appropriate.

If you want more detail about the process and what the court considers, see our FAQ on sealing a dismissed criminal case in Massachusetts.

Can law enforcement still see sealed information?

Sealing greatly restricts public and ordinary background-check access, but Massachusetts law preserves access in certain criminal-justice circumstances. Sealing should not be described as complete physical destruction of the record.

Legal disclaimer: Criminal-record laws are technical, and the information available in a particular background check depends on the disposition, sealing status, and legal access level of the requester. This article provides general Massachusetts information and is not legal advice for an individual record.

Questions About a Dismissed Massachusetts Criminal Case?

If a dismissed criminal case is affecting your employment, housing, licensing, or other opportunities, The Law Offices of Elliot Savitz & Scott Bradley can review the disposition and whether sealing may be available. Contact us to discuss the record and your options.