Palatine, IL asked in Criminal Law for Wisconsin

Q: I had a misdermeanor dismissed, it showed up on a background check and I failed. How can this happen?

Related Topics:
1 Lawyer Answer
Michael Hayes
Michael Hayes
  • Criminal Law Lawyer
  • Milwaukee, WI
  • Licensed in Wisconsin

A: It’s likely that the employer misread the document or was influenced by the mere fact of the arrest. What you refer to as a background check is a document prepared by the Wisconsin Department of Justice Criminal Information Bureau (CIB) based on fingerprints taken when you were arrested. The fact that you were arrested appears on your CIB, which probably also shows “Disposition: Dimissed.”

In the future, when a prospective employer asks if you have a criminal record you might want to say that you were arrested but the case was dismissed.

You can go to the DOJ website to order a copy of your CIB (criminal background check). Look at it carefully. Make sure the correct info appears there.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.