What does it mean when the DA declines to file charges against me? 13 Answers as of August 22, 2011

I just got a letter from the DA regarding my DUI that they have declined to file charges at this time. Does this mean that my record now looks like I no longer have charges pending against me? I'm a teacher and my boss said she gets updates monthly from the DOJ. Will I now be fine to move on? The letter was in regards to discovery, probably meaning that my BAC was very low because when I was arrested, it was already very low.

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Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
The DA wrote that letter because after a review they did not feel they had sufficient evident to convict you of a dui. You will have no record of a conviction however you will have a record of an arrest.
Answer Applies to: California
Replied: 8/22/2011
Law Office of Maureen Furlong Baldwin
Law Office of Maureen Furlong Baldwin | Maureen Furlong Baldwin
I think you have asked this question before. If no charges are filed in court, then there is no public record of any charges being filed against you. there is a law-enforcement-accessible file available to police agencies, ICE, etc. I do not know if teachers' districts can access that record. It is NOT public. If you want your arrest record sealed, there is a procedure for doing so.
Answer Applies to: California
Replied: 8/19/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
If the DA is not filing charges on your DUI it means that your record does not shod a conviction for the DUI. The DA may be waiting for the lab results or for some other evidence that is being processed. They have a year in which to file. If you contact me we can discuss the facts surrounding this incident and I can give you a more complete answer.
Answer Applies to: California
Replied: 8/19/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
It means you get a pass, there were no charges filed or to defend. Your record shows the arrest, but will have a conviction.
Answer Applies to: California
Replied: 8/19/2011
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
They have up to a year to charge a misdemeanor but most likely they didn't find enough evidence to charge you.
Answer Applies to: California
Replied: 8/19/2011
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    If you were arrested, but no charges were filed then you need to file a petition for finding of factual innocence. First, when no charges have been filed you file the Petition with the police agency that arrested you and if (When) the police refuse to grant it, then you file it with the superior court in the county where you were arrested. You need to wait until the statute of limitations has run. In this case 1 year. You also need to protect yourself from the DMV if they have suspended your license as a result of DUI. If you had a DMV hearing and lost, then you need to obtain a DS 702 from the prosecuting agency showing that they dismissed/did not file so that you can obtain a second DMV hearing to clear your DMV record. Call me, this is something I can help you with. You may also want to file a civil rights complaint against the police for discrimination and false arrest. To protect your rights, you have to file a government tort claims act demand within 180 days of the incident. You will then have 180 days from the denial of your claim to file a lawsuit against the police department and officers.
    Answer Applies to: California
    Replied: 8/19/2011
    Greenwald, Mayfield & Vigil, LLP
    Greenwald, Mayfield & Vigil, LLP | Lauren M. Mayfield
    If the DA has declined to file charges against you that probably means you have nothing to worry about. However, the statute of limitations is 1 year on misdemeanors so there is always a chance they could decide to file on you until that 1 year is up. The arrest and citation will show up on a RAP sheet but nothing for the court will appear.
    Answer Applies to: California
    Replied: 8/19/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    If the DA declines to file charges you are home free for now unless they are still investigating and need more time to catch up with paperwork. If the BAC was too low you will probably never hear from them, but keep checking with the court clerk's office just in case. If the case is eventually filed, they are under no duty to send you a letter notifying you.
    Answer Applies to: California
    Replied: 8/18/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes, not filing charges means, you have no criminal record. Nothing will show up in a records check by employers, who are only entitled to conviction records (not arrest records).
    Answer Applies to: California
    Replied: 8/18/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    It means that they have decided not to file charges against you at this time. While unlikely they have up to 1 year to file most misdemeanor charges including DUI's. You are probably out of danger but no guarantee until the year passes.
    Answer Applies to: California
    Replied: 8/18/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Christopher Lee
    When the DA declines to file charges, it can mean the DA is sending the case back to the police officers to provide additional information or more detail so the DA can have sufficient evidence to file the case. Once additional evidence is presented to the DA's Office, the DA will likely file. When the DA has not filed a case, it does not mean your arrest record will not show up on a background check. Although the DA has not filed anything, you were still likely arrested and an arrest record may show up if a background check is conducted.
    Answer Applies to: California
    Replied: 8/18/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    That means you no longer have criminal charges pending. The DA has one year to file a misdemeanor charge however.
    Answer Applies to: California
    Replied: 8/18/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    When the D.A. declines to file it means you were not charged with a crime, and of course not convicted. However the arrest still is there. It may be possible for you to have the arrest removed by asking the police agency that made the arrest to make a finding of innocence. If that fails you are allowed to ask a judge to do it. It is a good idea to have a lawyer at that stage
    Answer Applies to: California
    Replied: 8/18/2011
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