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Dismissed Criminal Records & Other Non-Conviction Data

Discover the role of non-conviction criminal data in background screening.

The Difference Between a Charge and a Conviction

Most experts conclude that criminal charges not resulting in a conviction should not be considered or counted against candidates for jobs, housing, or other opportunities.

The U.S. Department of Justice defines a “disposed case" must meet one of five requirements. 

Even when a criminal case does not conclude with a conviction, the records associated with the arrest, charges, and prosecution, remain matters of public interest

Six related cases are reviewed.

1.) Schware v. Bd of Bar Examiners
2.) Utz v. Cullinane
3.) United States v. Zapete-Garcia
4.) Central Valley Chapter of the 7th Step Foundation, Inc., et al., Plaintiffs and Appellants, v. Evelle J. Younger, as Attorney General
5.) Green v. Missouri Pacific Railroad
6.) EEOC v. Pepsi Bottling Group 

Ban the Box Measures

Since 1998, over 36 states have passed various laws (Ban the Box, Fair Chance, Second Chance) that either limit or completely ban the use of non-conviction records.


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