Can a record be sealed considering it was dismissed? 75 Answers as of June 14, 2013

I just want to know if a record is sealed considering it was a misdemeanor and the case was dismissed.

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The Short Law Group, P.C.
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
Replied: 7/19/2012
Law & Mediation Office of Jeffrey L. Pollock, Esq.
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
Replied: 7/13/2012
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
If you have a misdemeanor dismissed, you can probably get your record sealed. I say probably because not all misdemeanors can be sealed.
Answer Applies to: Massachusetts
Replied: 7/13/2012
Alvin Lundgren | Alvin Lundgren
The record is probably not sealed.
Answer Applies to: Utah
Replied: 7/11/2012
Darrell B. Reynolds, P.C. | Darrell B. Reynolds
In order for a record to be sealed an order has to be issued from a judge to seal it. If there was not conviction then there is no record of conviction. However, the arrest record do exist.
Answer Applies to: Georgia
Replied: 7/10/2012
    Reeves Law Firm, P.C.
    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
    Replied: 7/10/2012
    Law Office of Michael R. Garber
    Law Office of Michael R. Garber | Michael R. Garber
    The record won't be sealed, but it will show that the case was dismissed.
    Answer Applies to: Louisiana
    Replied: 7/10/2012
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    The case file of a record is not sealed following a dismissal and is available for public viewing.
    Answer Applies to: California
    Replied: 7/10/2012
    Timothy J. Thill P.C.
    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
    Replied: 7/10/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    No not usually sealing is only done in certain limited circumstances since it infringes on the open court concept.
    Answer Applies to: Michigan
    Replied: 7/10/2012
    The Law Offices of Scott L. Little, LLC | Scott L Little
    Yes, but as a general proposition records relative to cases that are dismissed should be expunged from your record as opposed to sealed.
    Answer Applies to: Maryland
    Replied: 7/9/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    It would show up as a arrest . . . you just explain that it was DISMISSED. Unfortunately, employers (potential employers) still hold it against you.
    Answer Applies to: Michigan
    Replied: 7/9/2012
    Law Office of Phillip Weiser
    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
    Replied: 7/9/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You may seek a statutory expungement under Minnesota law wherein all of the record, judicial and administrative, are destroyed. You would be wise to hire legal counsel.
    Answer Applies to: Minnesota
    Replied: 7/9/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    The arrest records can be expunged.
    Answer Applies to: New Jersey
    Replied: 7/9/2012
    Law Offices of Mark L. Smith
    Law Offices of Mark L. Smith | Mark L. Smith
    Yes a dismissal can always be sealed/expunged.
    Answer Applies to: Rhode Island
    Replied: 7/9/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    No, it is a public record.
    Answer Applies to: Michigan
    Replied: 7/9/2012
    Hynum Law Office, LLC
    Hynum Law Office, LLC | G. Wayne Hynum
    If you were arrested for a misdemeanor and the charge was dismissed, you can have the arrest expunged.
    Answer Applies to: Mississippi
    Replied: 7/9/2012
    The Law Office of B. Elaine Jones
    The Law Office of B. Elaine Jones | B. Elaine Jones
    Yes you can get your record sealed as long as you were not convicted of the crime. Since the charges were dismissed you would qualify for sealing your record.
    Answer Applies to: Florida
    Replied: 7/9/2012
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    IF it's a Georgia case you may be able to get the crecord expunged. You should consult with an attorney. The expungement statute was recently changed to make it easier to expunge dismissed cases from the records.
    Answer Applies to: Georgia
    Replied: 7/9/2012
    Universal Law Group, Inc. | Francis John Cowhig
    If the case was dismissed without any plea or conviction, there is no reason to seal it.
    Answer Applies to: California
    Replied: 7/9/2012
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    No. A case that is dismissed is not sealed without an expungement petition being filed, and can come up on a background check.
    Answer Applies to: Minnesota
    Replied: 7/9/2012
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    No but it can be expunged.
    Answer Applies to: Virginia
    Replied: 7/9/2012
    Riddell Law LLC
    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
    Replied: 7/9/2012
    Law Offices of Brian J. Lockwood
    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
    Replied: 7/9/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    A criminal record is not sealed when the charges on the record are dismissed. A criminal record is just that a record for all to see and examine.
    Answer Applies to: Georgia
    Replied: 7/6/2012
    Law office of Robert D. Scott | Robert Scott
    If the case was dismissed, there is no need to seal the record because it is not a conviction.
    Answer Applies to: Maryland
    Replied: 7/6/2012
    Larry K. Dunn & Associates | Larry K. Dunn
    An "arrest" record is not automatically sealed by virtue of the charges being dismissed. A person must take affirmative steps to seal a criminal record which includes arrests as well as convictions.
    Answer Applies to: Nevada
    Replied: 7/6/2012
    The Jordan Law Firm
    The Jordan Law Firm | John Paul Jordan
    You can request the court to seal it. This will not prevent the arrest from showing up on a background check for most businesses though.
    Answer Applies to: Oklahoma
    Replied: 7/6/2012
    Ivy Law Group PLLC
    Ivy Law Group PLLC | Ruth Emily Vogel
    Yes. Sealing can be the best way to protect your privacy.
    Answer Applies to: Washington
    Replied: 7/6/2012
    Thomas C. Brandstrader Attorney At Law | Thomas C. Brandstrader
    It can be expunged.
    Answer Applies to: Illinois
    Replied: 7/6/2012
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    No but it can be expunged.
    Answer Applies to: California
    Replied: 7/6/2012
    The Langsdale Law Firm, P.C.
    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
    Replied: 7/6/2012
    Gregory C. Graf
    Gregory C. Graf | Gregory C. Graf
    You can petition the District Court to seal a dismissed county court case. It involves filing a petition, serving the DA and law enforcement agencies and setting the case for hearing. An attorney can help you. Good luck.
    Answer Applies to: Colorado
    Replied: 7/6/2012
    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
    Replied: 7/6/2012
    Fabian & Associates, Inc.
    Fabian & Associates, Inc. | Stephen G. Fabian, Jr.
    Only if you had it expunged.
    Answer Applies to: Oklahoma
    Replied: 7/6/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    No, a record in NH cannot be sealed if it was dismissed. However, a record of the misdemeanor can be annulled.
    Answer Applies to: New Hampshire
    Replied: 7/6/2012
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    No need to seal the record of a dismissal.
    Answer Applies to: Washington
    Replied: 7/6/2012
    Connell-Savela
    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
    Replied: 7/6/2012
    Law Office of Jared C. Winter
    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
    Replied: 7/6/2012
    Nelson & Lawless
    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
    Replied: 7/6/2012
    William L. Welch, III Attorney | William L. Welch, III
    You probably want to pursue expungement instead.
    Answer Applies to: Maryland
    Replied: 7/6/2012
    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
    Replied: 7/6/2012
    Levine & McHenry LLC
    Levine & McHenry LLC | Matthew McHenry
    There is likely still a record of the arrest, though you may be eligible to have that expunged. The record will not be sealed automatically.
    Answer Applies to: Oregon
    Replied: 7/6/2012
    Robert Valles and Associates P.C.
    Robert Valles and Associates P.C. | Robert Valles Jr.
    Yes.
    Answer Applies to: Texas
    Replied: 6/14/2013
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Adult records cannot be sealed in California. Juvenile records can.
    Answer Applies to: California
    Replied: 7/6/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Yes, a dismissed case can be dismissed. Get the forms to do so at any court clerk's office or online at: http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=34
    Answer Applies to: Colorado
    Replied: 7/6/2012
    Law Office of Wayne I Novak | Wayne Novak
    It is not sealed until you actually take the active step of filing either a motion to seal or expunge it.
    Answer Applies to: Illinois
    Replied: 7/6/2012
    Bernstein & Bernstein, LLC | Lowell E Bernstein
    You may want to explore an expungement.
    Answer Applies to: South Carolina
    Replied: 7/6/2012
    Law Office of Ronald Aronds, LLC
    Law Office of Ronald Aronds, LLC | Ronald Aronds
    If you were arrested you would still have an arrest record that needs to be expunged. After that you will not have a record of this event.
    Answer Applies to: New Jersey
    Replied: 7/6/2012
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    Yes you may seal a record. If the case is dismissed you may start the proceeding immediately. If you are convicted of a misdemeanor, you must wait 2 years. The actual process takes between 3 and 6 months.
    Answer Applies to: Nevada
    Replied: 7/6/2012
    Arneson and Geffen
    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
    Replied: 7/6/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Generally it is very difficult to get records sealed. Without knowing more about your case, I have no way of advising you. Consult with an attorney in your area.
    Answer Applies to: Washington
    Replied: 7/6/2012
    Pearson, Butler, & Carson, PLLC
    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
    Replied: 7/6/2012
    Musilli Brennan Associates PLLC
    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
    Replied: 7/6/2012
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