Short Answer
Overview
In the context of a background check, disposition refers to the final outcome or resolution of a criminal charge or case. A background check report typically includes information about arrests and the subsequent disposition recorded by the court. Common dispositions include convicted, dismissed, acquitted, nolle prosequi (prosecutor declines to proceed), deferred adjudication, or expunged. The presence or absence of a disposition determines whether a criminal record is considered complete and reportable under laws such as the Fair Credit Reporting Act (FCRA).
History / Background
The concept of disposition on a background check emerged alongside the modern background check industry in the United States during the mid‑20th century. Early background checks relied on arrest records alone, which often lacked final case outcomes. This led to incomplete or misleading reports that could unfairly harm job applicants. The Fair Credit Reporting Act of 1970 (FCRA) established rules for consumer reporting agencies, requiring them to maintain reasonable procedures to ensure maximum possible accuracy. Over time, courts and legislatures recognized that arrest records without disposition are not reliable indicators of guilt. The Equal Employment Opportunity Commission (EEOC) also issued guidance emphasizing that employers should consider the nature, time, and relevance of a criminal record, and that a missing or contested disposition may render an arrest record insufficient for an adverse hiring decision. Today, background check providers must make reasonable efforts to obtain dispositions before reporting arrest records.
Importance and Impact
Disposition is a critical piece of information because it distinguishes between an arrest (which is not proof of guilt) and a final legal outcome. Employers, landlords, and licensing boards rely on disposition data to evaluate an individual’s criminal history fairly. The impact of a missing or incorrect disposition can be significant: an applicant may be erroneously denied employment based on an arrest that never led to a conviction. Under the FCRA, consumer reporting agencies must exclude arrests that are more than seven years old if no disposition is available (with some exceptions for positions paying over a certain salary). For convictions, the reporting period can be longer, but the disposition must still be accurate. Inaccurate or missing dispositions have led to class‑action lawsuits against background check companies and have reinforced the need for rigorous data verification.
Why It Matters
For individuals undergoing a background check, understanding the meaning of disposition is essential for reviewing the accuracy of their report. If a report shows an arrest but lacks a disposition, the individual has the right to dispute the record with the reporting agency to demand that the missing outcome be obtained or that the record be removed. For employers, awareness of disposition helps avoid discriminatory hiring practices. Many jurisdictions also allow individuals to seal or expunge certain dispositions (e.g., dismissed charges or completed diversion programs), which then should not appear on standard background checks. Overall, the disposition clarifies whether a criminal event has legal significance, which directly affects employment, housing, and professional licensing opportunities.
Common Misconceptions
An arrest automatically means the person was guilty or convicted.
An arrest is merely a legal detention based on probable cause; the disposition determines the actual outcome. Many arrests never result in a conviction and may be dismissed or lead to acquittal.
If a disposition is missing from a background check, it means the case is still pending or the person is guilty by default.
A missing disposition often indicates that the court has not provided the final outcome to the background check company. Under the FCRA, such records may be excluded after a certain period. A missing disposition does not imply guilt.
All dispositions are permanent and can never be removed from a background check.
Many dispositions can be expunged, sealed, or vacated through legal processes, especially for dismissed charges, deferred adjudication, or juvenile records. Once sealed or expunged, they generally should not appear on consumer reports.
FAQ
What does disposition mean on a background check?
Disposition refers to the final outcome of a criminal charge, such as conviction, dismissal, or acquittal. It tells whether the charge resulted in a guilty finding, was dropped, or resolved in another way.
Can an employer see an arrest without a disposition?
Under the FCRA, if an arrest is more than seven years old and no disposition is available, it generally cannot be reported. For more recent arrests, the background check company must make a good-faith effort to obtain the disposition before including the arrest in a report.
How can I correct a missing or incorrect disposition on my background check?
You can file a dispute directly with the consumer reporting agency that prepared the report. Under the FCRA, the agency must investigate the dispute and either correct the record or provide a reason for maintaining it. You may also contact the court where the case was filed to request that the disposition be updated in their system.
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