Can a property management company refuse to process an application because of a dismissed shoplifting charge?

[larry]

13 years ago I went to a Wal-Mart with two friends; one of which, unbeknownst to me, pocketed some makeup. After checking out and walking through the front doors, all three of us were "apprehended", questioned and subsequently charged with 5th degree theft, a misdemeanor. The charge against me (and the other non-participating friend) was dismissed after the security camera showed that I wasn't involved in the crime but it still shows on my record. I have absolutely no criminal record outside of that and, in fact, have obtained an insurance license and been trusted with highly confidential information for the past 7 years. However, I recently applied for an apartment at a local rental community and they chose "to stop processing" my application due to the dismissed theft charge. Their rental policy (which is on the back of the app) states that persons with criminal convictions may be denied but states nothing about dismissed charges. I'm a bit upset about the situation because the incident was nothing more than the classic not-truly-knowing-your-friends scenario and it occurred when I was a teenager. I'm a grown adult now with a solid employment and rental history and this is the first time the dismissed charge has caused any negative consequences. My question is: can the property management company stop processing my application even though I meet the criteria of their rental policy?

[charlot22]

Legally they can choose whomever they want to rent to, however I would call them and explain what you have here - I don't think anyone looked to carefully at what came back in the report. Most sane people would not be holding a dropped charge from 13 years ago against you especially something like shoplifting.

[yago]

Legally they can choose whomever they want to rent to, however I would call them and explain what you have here - I don't think anyone looked to carefully at what came back in the report. Most sane people would not be holding a dropped charge from 13 years ago against you especially something like shoplifting.

They can, but if the charge was dismissed there is no conviction.

[caelin]

YES. They can refuse to rent to any one with any criminal history no matter how minor, how long ago or what the result of any charges were. No, you DID NOT meet the criteria of their rental policy if their policy is not to rent to anyone with a criminal record. Most landlords will over look crimes over 10 yrs old but not every one will & they have every legal right not to.