In legal terms, a “disposition” is how a court case ends. It’s the final result. It’s important to remember that a disposition is different from sentencing. Sentencing is the punishment given after a conviction. The disposition is the overall outcome of the legal process.
Understanding dispositions in court is important for various reasons. Employers who run background checks on potential employees need to know how to interpret the results accurately. Individuals need to understand what their own criminal record says about them.
This article will break down the different types of dispositions you might encounter and what they mean.
Disposition vs. Sentencing: Key Differences
Many people use the terms “disposition” and “sentencing” interchangeably, but in the legal world, they have very different meanings.
Defining Disposition
In legal terms, the disposition is simply the outcome of the case. Was the defendant convicted? Acquitted? Was the case dismissed? Or was there a deferred adjudication? The disposition answers the question: What happened in the case?
Defining Sentencing
Sentencing, on the other hand, refers to the punishment imposed if the defendant is convicted. The sentence could be a fine, a term of probation, time in jail, or some other penalty. Sentencing answers the question: What was the penalty?
Why the Distinction Matters
Understanding the difference between these two terms is important because it prevents misinterpretations of criminal records. It’s also crucial for employers and anyone else reviewing background checks. Knowing whether a case resulted in a conviction versus a dismissal makes a big difference.
Types of Criminal Dispositions
When a criminal case goes to court, there are a number of possible outcomes, or dispositions. Here’s a look at some of the most common:
- Conviction. This is a formal declaration by the court that a person is guilty of the crime they were charged with. A conviction can lead to a sentence, such as jail time, fines, or probation, and it creates a criminal record.
- Acquittal. This is when a judge or jury finds the defendant “not guilty” of the crime. The defendant is then free to go, and the charges are dropped.
- Deferred Adjudication or Diversion. In this scenario, the defendant enters into an agreement with the court. They agree to complete certain requirements, such as community service or drug treatment, and in exchange, the charges will be dismissed. If the defendant successfully completes the requirements, there’s no conviction. However, the arrest record may still exist.
- Charges Dismissed. This happens when the prosecutor drops the charges against the defendant. This often occurs because of a lack of evidence or other issues with the case. The case is then closed, and there is no conviction.
- No Charges Filed. Sometimes, law enforcement will make an arrest, but the prosecutor will decide not to file any formal charges. This means there’s no court case, but the arrest record may still exist.
- Sentence Vacated. This is a court order that essentially cancels out a previous sentence. The original sentence is no longer in effect, and the case may be reopened, or the charges may be dismissed altogether.
- Suspended Sentence. In this situation, the court imposes a sentence, but it’s not carried out immediately. Instead, the defendant is placed on probation and must follow specific rules and conditions. If they violate those conditions, the suspended sentence may then be imposed.
- Pending. This simply means that the case is still ongoing and hasn’t reached a final resolution yet. The outcome is uncertain until the case is fully resolved.
Dispositions and Background Checks
What do court dispositions have to do with background checks? A lot. Background checks are often used to assess a person’s suitability for a job, a volunteer position, or even housing. What shows up on a background check depends on several factors, including the type of check being performed and the laws governing the use of criminal records.
What Shows Up on a Background Check?
Generally, convictions are reported on background checks. However, the rules around reporting non-conviction information, such as arrests that didn’t lead to a conviction, can be complex and subject to certain limitations.
Legal Considerations: FCRA and State Laws
The Fair Credit Reporting Act (FCRA) sets the standards for background checks conducted by Consumer Reporting Agencies (CRAs). The FCRA puts restrictions on reporting non-conviction information, including a “seven-year lookback period” for arrests. In some cases, state and local laws may add even more restrictions to the types of information that can be reported.
Employer Responsibilities
Employers need to be aware of the legal limitations surrounding background checks. Working with qualified CRAs can help employers make sure they’re complying with all applicable laws. Employers can also use background checks to determine a candidate’s qualifications for specific roles, so long as they are following all the rules.
Individual Access to Background Checks
You can also get a background check on yourself from a CRA. This is a useful way to make sure your records are accurate and to correct any errors that might be present.
How to Conduct Criminal Background Checks
Criminal background checks can be performed by employers considering a job candidate and by individuals checking their own records. Here’s how each process typically works:
For Employers
If you’re an employer who wants to conduct background checks, here are some tips:
- Partner with a Reputable CRA. A Consumer Reporting Agency has the training and resources to conduct background checks in a legal, ethical manner.
- Comply with the FCRA and Other Laws. The Fair Credit Reporting Act establishes guidelines for collecting and using consumer information. Your state and locality may have additional laws about background checks.
- Have a Consistent, Fair Process. Evaluate background check results based on objective criteria.
For Individuals
Checking your own background record can help you avoid surprises when applying for a job or housing. Here’s what to do:
- Request a Copy of Your Record. Contact a CRA or government agency that handles criminal records and request a copy of your record.
- Review for Accuracy. Look closely at the record to make sure it’s complete and accurate.
- Correct Errors. If you find any mistakes, follow the CRA’s process for disputing the information and having it corrected.
Common Misconceptions About Court Dispositions
There are several misunderstandings about what different court dispositions mean. Here are a few of the most common:
- Myth: All arrests lead to convictions.
Fact: Charges can be dropped, or the prosecutor might choose not to file charges in the first place. - Myth: A “pending” disposition means the person is guilty.
Fact: “Pending” simply means the case is still open and hasn’t been resolved. - Myth: Deferred adjudication is the same thing as being found not guilty.
Fact: Deferred adjudication means the defendant has to meet certain requirements. If they succeed, the charges are dismissed. If they fail, they may be found guilty.
The Bottom Line
Understanding the meaning of different dispositions in court is crucial for anyone who needs to make fair and accurate assessments, whether for hiring decisions or just to be an informed citizen.
It’s important to remember that a disposition is not the same as a sentence. A disposition is the outcome of a case; a sentence is the penalty imposed.
If you come across complex legal information that you’re struggling to interpret, it’s always best to seek guidance from a qualified legal professional.