FAQ

Is a dismissed case a win?

Is a dismissed case a win?

Or at least, it’s a win for your lawyers.

How long does a dismissed case stay on your record?

As you can see in the link above above, two years from the date your matter was dismissed have to pass without any new charges for the non-conviction data to be subject to deletion. If no charges were ever filed, then the time frame to wait is three years from the arrest date.

How do I get a dismissed case off my record?

If your situation meets the requirements necessary to expunge your records, you will need to fill out a court forms called “Petition to Clear Record” and “Order to Clear Record.” Take the latter form to your hearing. If the judge agrees to clear your records, they will need to sign the order.

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What does it mean when a criminal case is dismissed?

When a criminal case is dismissed, then it is over with no finding of guilt or conviction. Legal action has been terminated and the state is not moving forward with the prosecution — at least for now.

Can a judge dismiss a case on his own?

Judges can dismiss a case either on their own motion or on the motion of the defendant. Most charges, however, are dismissed by prosecutors, not judges. What Are Common Reasons for a Dismissal?

Can a case be dismissed without prejudice in a criminal case?

This can occur in a criminal case, although it is more common in civil cases. Plaintiffs who have had their case dismissed without prejudice can correct the errors in their lawsuit and re-file it. However, they still have to comply with the statute of limitations.

Does a dismissed case come off your record?

Yes, unless you take additional action. Many people wrongly believe that if their case is dismissed then it automatically comes off their record. The fact of the matter is that the arrest will stay on your record unless you obtain an expunction or nondisclosure — legal mechanisms that allow your record to be destroyed or sealed.