If you commit a crime and have to go to go to court, and at the hearing it gets dismissed is it still on your record?
2006-07-10 13:47:06 · 6 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
DISCLAIMER: My opinions are based on my experience with Texas laws and could be wrong for other states. I am making generalized statements based on state specifics so I could easily be wrong.
Yes and no. There will be the arrest record that will show up if a police officer runs a criminal history check on you. But all it shows is the charge, the one arrest, and no convictions (assuming this is the only one of course). It will not show the details of the case, but if someone checks it it will also show there was no conviction. When someone runs a full RAP on you, the case will show up with all of the judicial details, such as the arrest, the charge being accepted by the DA, and then the court dismissing the case.
If someone asks you if you have ever been arrested, the answer would be yes or they would be able to prove you a liar. If someone asks if you have ever been convicted, the answer would be no.
Under some circumstances, specified in each states laws, you can get the arrest record expunged if there was no conviction. Each state sets its own rules on this. When a record is expunged, each agency that has any record of the case, from the initial police report on up to the courts and FBI must remove all records of the name or identifiers of the person arrested. It will really disappear if the case is expunged. You can then legally answer people that you have never been arrested when asked.
2006-07-11 13:48:06 · answer #1 · answered by Steve R 3 · 1⤊ 0⤋
In California, if the arresting jurisdiction reports the arrest, the answer to your question is yes even if the charge is dismissed. If they don't, and it has happened then the answer is no. Part of my job is to review FBI and Department of Justice background checks and I often find this type of information on the report, e.g charge, status, etc. If you committed the crime or were charged with a crime as a minor, California seals your criminal record, so the arrest/dismissal may/should not appear.
2006-07-10 22:46:00 · answer #2 · answered by Emma 3 · 0⤊ 0⤋
Since you were arrested, there will always be a record of the arrest and the charges. You could have the arrest record expunged, but you need a lawyer to do that.
2006-07-10 20:52:27 · answer #3 · answered by chaucer18 3 · 0⤊ 0⤋
Yes. You need to have it expunged (removed). You'll need to have your Lawyer fill of the forms & get a Judge to sign it & then check with the Court Clerk's Office to make sure it has been removed. It sometimes can take a year or more to get it done.
2006-07-10 20:51:49 · answer #4 · answered by Anonymous · 0⤊ 0⤋
yes there will always be a paper trail even after a expungment... welcome to americal legal ( cough cough ) justice
2006-07-10 22:21:36 · answer #5 · answered by The ones you fear 2 · 0⤊ 0⤋
no because it was dismissed...duh
2006-07-10 20:49:28 · answer #6 · answered by PseudoSlySpyderGuyLied 3 · 0⤊ 0⤋