Most people think that being found not guilty means their criminal record disappears and everything goes back to normal. Unfortunately, that’s not how the legal system works. Even when a jury says you’re innocent, or when charges get dropped entirely, records of your arrest and the charges you faced can stick around for years or even forever if you don’t take action to get them removed.
This creates a frustrating situation where people who never did anything wrong still have to deal with the consequences of being accused. Background checks can still show that you were arrested and charged, even though you were cleared of any wrongdoing. This can affect job applications, housing applications, and many other parts of your life.
The Difference Between Charges and Convictions
Understanding what stays on your record requires knowing the difference between being charged with a crime and being convicted of one. When police arrest you, they create an arrest record. When prosecutors decide to file charges, that creates another record. If you go to trial and get convicted, that’s yet another record. But if you’re found not guilty or charges get dropped, you don’t get a conviction record – but those arrest and charge records often remain.
This system exists because law enforcement agencies want to keep track of everyone they’ve dealt with, even if those people were never found guilty of anything. They argue that this information helps them solve future crimes and identify patterns. But for people who were wrongly accused, these records can be a nightmare that follows them around for years.
Since these record-keeping rules are often unclear and vary significantly by state, attorneys such as Goss Law regularly help clients understand what’s actually on their record after charges are dismissed or they’re found not guilty.
Background check companies pull information from court databases, police records, and other sources. Many of these companies don’t distinguish between people who were convicted and people who were found innocent. They just report that someone was arrested and charged, leaving it up to employers or landlords to figure out what that means.
What Shows Up on Background Checks
When employers or landlords run background checks, they might see several different types of information depending on what kind of check they’re doing and what records are available. Arrest records typically show when and where someone was arrested, what they were charged with, and basic details about the incident. These records exist even if charges were later dropped or the person was found not guilty.
Court records show what happened with any criminal charges, including whether someone was convicted, acquitted, or had charges dismissed. However, many background check companies don’t clearly explain the difference between these outcomes, so someone might see that you were charged with theft without realizing that you were later found innocent.
Some background checks only show convictions, while others show all criminal justice contacts including arrests and charges that didn’t result in convictions. The type of check depends on what the employer or landlord is willing to pay for and what they think they need to know.
Professional licensing boards, government agencies, and some employers have access to more detailed records than typical background check companies. They might see police reports, court documents, and other information that isn’t available to the general public.
The Challenge of Clearing Your Record
Getting rid of criminal records after you’ve been found not guilty or had charges dismissed usually requires a legal process called expungement or record sealing. This isn’t automatic – you have to ask for it, and in many cases, you have to go to court and convince a judge to grant your request.
Different states have completely different rules about expungement. Some states make it relatively easy to get arrest records removed if you weren’t convicted, while others make it extremely difficult or impossible. Some states automatically seal certain types of records after a period of time, while others require you to file paperwork and pay fees.
The process can be complicated because records exist in multiple places. Police departments have arrest records, courts have case files, and various databases maintained by state and federal agencies might have copies of everything. Getting your record truly cleared often means dealing with multiple agencies and making sure they all remove or seal their copies of your information.
Different Types of Record Relief
Expungement typically means that records are destroyed or sealed so that most people can’t access them anymore. After a successful expungement, you can usually legally say that you were never arrested or charged, at least for most purposes. However, some government agencies and law enforcement might still be able to see sealed records.
Record sealing is similar to expungement but usually means that records are hidden rather than destroyed. Sealed records might still be accessible to certain agencies or for specific purposes such as background checks for jobs working with children or in law enforcement.
Some states have record clearing procedures that are automatic for certain types of cases. For example, if charges are dismissed or you’re found not guilty, records might be sealed automatically after a waiting period. But many states require you to take action yourself, and waiting too long can sometimes make the process harder.
Pardons are different from expungement because they don’t erase the record of what happened – they just forgive you for it. Since you can only be pardoned for something you actually did wrong, pardons don’t make sense for people who were found not guilty or had charges dismissed.
The Practical Impact of Incomplete Record Clearing
Even when you successfully get records expunged or sealed, the internet can create permanent problems. News articles about your arrest might still show up in Google searches years later. Mugshot websites sometimes keep photos and information online even after records are officially cleared. Social media posts and other online content can preserve details about your case long after the legal system has moved on.
Some background check companies also keep their own copies of records and don’t always update their databases when records are expunged. This means that even after successful expungement, old information might still show up on some background checks until you specifically contact these companies and demand that they remove the outdated information.
Professional licenses, security clearances, and other special situations might require you to disclose arrests and charges even if they’ve been expunged. The rules vary depending on the specific license or clearance, but many applications ask whether you’ve ever been arrested or charged, not just whether you’ve been convicted.
Taking Action to Protect Your Future
The most important thing to understand is that clearing your record after being found not guilty usually requires active effort on your part. Records don’t disappear automatically just because you were innocent. The sooner you start the process, the better, because some states have time limits on when you can request expungement.
Research the specific laws in your state about record clearing, because they vary dramatically from place to place. What’s possible in one state might be impossible in another. Some states have made the process easier in recent years, recognizing that old arrest records can unfairly harm people who were never convicted of anything.
Don’t assume that because you were found not guilty, you don’t need to worry about your criminal record. Take the time to understand what records exist and what you need to do to get them cleared. Your future opportunities shouldn’t be limited by accusations that were proven false or charges that were dismissed.