Why is the DWI that was dismissed on record and can the court, use that against me? 15 Answers as of July 07, 2013

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Ross N. Johnson, Attorney at Law | Ross N. Johnson
The arrest will always appear on a NCIC report. The fact that you were arrested and subsequently charged with DUI or DWI is a public record under Oklahoma Law. There is a mechanism to have the charge "expunged" from the records. It is possible to also have the arrest expunged from the OSBI's records under certain circumstance.
Answer Applies to: Oklahoma
Replied: 1/9/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
It is on the record as an arrest no a conviction and the court can't use it against you.
Answer Applies to: Michigan
Replied: 1/9/2013
Andersen Law PLLC
Andersen Law PLLC | Craig Andersen
Your question is incomplete.
Answer Applies to: Washington
Replied: 1/4/2013
Law Offices of James D. Smith, LLC
Law Offices of James D. Smith, LLC | James D. Smith
If the case was actually dismissed, then it can not count as a conviction. If you are looking at something showing arrests, it may still show up. You should check the Court records at the Court where the DUI was handled and see what those records show. Note that under the new Alabama law, the first DUI conviction drops off after five years as far as enhancing the punishment. However, if you have over one prior, at appears that it does NOT drop off.
Answer Applies to: Alabama
Replied: 1/4/2013
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Any charge brought against someone stays 'on record,' because the record is supposed to be historical and accurate. If it is accurate it will also show that the charge was dismissed. Of course, some people know how to read what is before them, and others don't. But we can't do too much about that.
Answer Applies to: Wisconsin
Replied: 1/4/2013
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Why was it dismissed and how long ago did you receive it? These are facts or evidence that would be used to answer the question.
    Answer Applies to: Nebraska
    Replied: 1/4/2013
    Downing Law Firm | George E Downing. Jr.
    The arrest will stay on your record until you file for and get granted an expungement.
    Answer Applies to: Louisiana
    Replied: 1/4/2013
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    It cannot be used for enhancement purposes but the prosecutor and court can use it as a showing that you have on at least one prior occasion , been arrested for dwi.
    Answer Applies to: Alabama
    Replied: 1/4/2013
    DeVito & Visconti, PA
    DeVito & Visconti, PA | John E DeVito
    This is a common misnomer. People believe that if a case is dismissed it is not on their criminal record. In Massachusetts a "court record" is created once a complaint issues. A "criminal record" or CORI is created once a defendant is arraigned on the charges. The charges may ultimately be dismissed, but the dismissal is reflected on the CORI. The importance of a dismissal is that one can honestly state that they were never convicted of the crime charged. To clear your record in Massachusetts one must seal their record. Sealing a record does not necessarily mean that someone cannot find that you were arrested. If one is arrested and fingerprinted in Massachusetts all fingerprints are sent to the FBI. That creates an arrest record which is difficult to seal. If you have concerns about your record consult an experienced criminal attorney.
    Answer Applies to: Massachusetts
    Replied: 1/4/2013
    Mary W Craig P.C. | Mary W Craig
    Just because the charges were dismissed doesn't mean your arrest doesn't show up on a background check. The check should show, however, that the charges were dismissed. If you are in trouble again, and it sounds like you are because you're asking whether the court can use it against you, the answer is no if the charges were false and your case was dismissed.
    Answer Applies to: Alabama
    Replied: 1/4/2013
    Clinton Law Office | Michael Clinton
    That would depend on how or why the DUI was dismissed. If a Deferred Prosecution then the DUI can indeed be used against you later if you get another DUI within 7 years.
    Answer Applies to: Washington
    Replied: 1/4/2013
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    If a charge was dismissed it cannot be used against you.
    Answer Applies to: Michigan
    Replied: 1/4/2013
    Ascheman & Smith | Landon Ascheman
    Having something dismissed does not remove it from your record. You should talk to a local attorney about getting an expungement.
    Answer Applies to: Minnesota
    Replied: 1/4/2013
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    You must filed a lawsuit to expunge it to get it off your record. It cannot be used to enhance punishment in the future but it can be "considered" in the sense that the State does not look at you the same way.
    Answer Applies to: Texas
    Replied: 1/4/2013
    Law Office of Scott Powers | Scott Powers
    If the DWI was dismissed it should not be used against you.
    Answer Applies to: Wyoming
    Replied: 7/7/2013
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