The Short Law Group, P.C. | Shawn Kollie
Sealing can mean many different things. Under Oregon Law, a crime can be Set Aside (expunged) and if that is successful it is as if the crime never occurred. A Class C felony or most Misdemeanor can be expunged with the help of a knowledgeable Expungement Lawyer in your area. Most Class C felonies are eligible for an order Setting Aside, with some limitations. The whole process takes 2-3 months for it to be completed, and once done it is as if the crime never occurred. Talk with an Expungement Lawyer with additional questions.
Answer Applies to: Oregon
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
No you need to hire counsel to file and argue a Petition to Expunge the file.
Answer Applies to: Pennsylvania
Reeves Law Firm, P.C. | Roy L. Reeves
Yes, a case that is dismissed without conviction can be ordered non-disclosed (sealed) and there are some limited circumstances that allow it to be expunged. The difference is practically non-existent, but legally there is a huge difference. Npn-Disclosure means the record exist, but no one who has access to it (police, prosecutors, court officials) can tell anyone anything they see in the record - whereas an expungement means the record is physically destroyed and no longer exist.
Answer Applies to: Texas
Timothy J. Thill P.C. | Timothy J. Thill
If you filed a Motion to have the record sealed, it should be, however, if the case was dismissed outright, with no conviction, why not file a Motion to Expunge instead. Talk to the Clerk of Court where the case arose about this, they may be able to assist you in preparing and filing said Motion.
Answer Applies to: Illinois
Law Office of Phillip Weiser | Phillip L. Weiser
The record of the charge will still exist even if the charge was ultimately dismissed. The record of the arrest and charge can be expunged if your qualify under the statute. Consult with an attorney with the specifics and he can tell you if you will qualify for expungement.
Answer Applies to: Kansas
Riddell Law LLC | Douglas Riddell
Your record can be expunged through a motion for expungement of your criminal record, including a dismissal. Once the Motion is filed to seal your record, a Judge will review your file and determine whether you are eligible for your record to be expunged. Dismissals are able to be expunged from your record. You may want to contact an experienced and affordable attorney who can help guide you through the process.
Answer Applies to: Ohio
Law Offices of Brian J. Lockwood | Brian J. Lockwoood
Juvenile records (and cases where "youthful offender" status is granted) are sealed. Otherwise, they are not. However, the fact pattern you describe does not have a conviction. An attorney may be able to assist, but do you really want to have a dismissal removed from your record.
Answer Applies to: Alabama
The Langsdale Law Firm, P.C. | Caleb Langsdale
A record can be sealed in Nevada. However, it is not done automatically, it must be petitioned to be sealed. The District Attorney will not generally oppose the sealing of a dismissed case. Although, you generally have to wait to the Statute of Limitations has lapsed before it can be sealed. Generally, for a misdo that is one year.
Answer Applies to: Nevada
Clos, Russell & Wirth, P.C. | Gary A. Russell
Your question is unclear as written. Criminal matters, except for juvenile matters, are a matter of public record. "Sealing" a document or part of a court record is something that typically occurs in civil matters for privacy reasons. If the case is dismissed, there is still a record of the matter with the court. However there is no conviction to be found of record.
Answer Applies to: Michigan
Connell-Savela | Jason Savela
If the whole case was dismissed, the arrest and all court records can be sealed from public view - I can help also, there are forms and directions on the colorado supreme court website, but beware, if you do not give the correct notice of the hearing and the order, your record will still be seen by some.
Answer Applies to: Colorado
Law Office of Jared C. Winter | Jared C. Winter
Yes, it's possible to have the record sealed. You have to petition the court to make a finding of factual innocence. Any reasonable lawyer will tell you that these petitions are difficult to get granted. They aren't impossible however, and if you would like to pursue one.
Answer Applies to: California
Nelson & Lawless | Terry Nelson
If it was dismissed, there is no conviction, no record, so nothing to seal. You could seek to destroy and clear the arrest record, if you can show the was no probable cause for the arrest, which would be grounds for a finding of factual innocence required to seal a record. High hurdle.
Answer Applies to: California
Gates' Law, PLLC | Thomas E. Gates
I lack sufficient information to answer your question completely. Your record is not sealed due to the dismissal. Anyone doing a background check will see that you were charged an offense and your record will note that there was a dismissal. You need to get an expungement of your record to remove the charge.
Answer Applies to: Washington
Arneson and Geffen | Mark Arneson
Although the case was dismissed, you would need to go through an expungement to completely seal the record. For instance, say I was charged with theft and I was given a citation to appear in court on that charge. However, the police actually had the wrong person and the prosecutor dismissed the case after I went to court. There would be a record that I was arrested for theft and potential employers could see that. Therefore, I would need to have the arrest record sealed or expunged to the public.
Answer Applies to: Minnesota
Lawsmith, The Law Office of J. Scott Smith | J. Scott Smith
Generally speaking in criminal court, records are only sealed if the case involves a juvenile or if the Judge orders it. If the case was dismissed your best remedy is to seek an expunction or expungement under the statute. See N.C.G.S. 15A-145 and 15A-146. Contact a criminal lawyer in your area to assist you.
Answer Applies to: North Carolina
Law Offices of Louis M. Leibowitz, LLC | Louis Leibowitz
Records are not automatically sealed or expunged. Someone must ask the court to do so. If your case was dismissed, you should talk to a lawyer about what steps can be taken to get the case sealed or expunged.
Answer Applies to: Maryland
Pearson, Butler, & Carson, PLLC | Matthew R. Kober
Yes. A dismissal is the best way to be able to expunge or clean a record. Although, when you are able to expunge it depends on how the case was dismissed, with prejudice or without prejudice. With prejudice means you went to trial and the jury found you not guilty, or the prosecutor agreed to dismiss it with prejudice, or it was a plea in abeyance and now the case is dismissed. If the case was simply dismissed without saying whether it was with or without prejudice, it is likely without prejudice, which means you would not be eligible for expungement until the statute of limitations expires. If it was dismissed WITH prejudice, then you would be eligible for expungement in 30 days.
Answer Applies to: Utah
Musilli Brennan Associates PLLC | John F Brennan
There is a record there was a case, even though it was dismissed. There will also normally be an arrest record. If there is come compelling reason that information needs to be remover from the record you should call my offices, or another attorney, to explain the situation, and, once the facts are known, determine what can be done.
Answer Applies to: Michigan