If my case was dismissed will it show up on my background?

UPDATED: Sep 30, 2022

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If my case was dismissed will it show up on my background?

About 6 years ago, I was arrested for family violence, assault, and my case was dismissed. I’m trying to get into nursing school and I’m aware that they background check, will the record of

myself getting arrested show up when they check my background. And if it does what can I

do to fix the situation?

Asked on July 2, 2016 under Criminal Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unless the arrest was expunged, the charges will show up as an arrest on a criminal background check.  This means that the nursing school or nursing board may exclude you from admission.  It's not automatic... but it is a potential.
If the charges have been expunged, then they will not show up and will not cause you any problems.
To get the charges off of your record, you need to file what is called a petition for expunction.   A hearing will then be set in roughly 30-60 days, depending on the court you land in, and a judge will decide if you qualify.  The process isn't hard, but it does have some technical requirements.  You don't have to have an attorney represent you, but at least hire an attorney to draft your documents to insure they are done properly to insure a successful result.

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