Legal Question in Criminal Law in California

Dissmissed Charges

In the state of California, when charges are filled and then dismissed. Will they remain on the person's record? Can the charges effect employment, adoption, ect.


Asked on 10/13/06, 1:53 pm

1 Answer from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: Dissmissed Charges

Yes, even dismissed charges will stay on your record unless you take prompt, affirmative steps to immediately remedy the situation. Even dismissed charges can have adverse effects on your employment, adoptive parent qualification process, etc..You should DEFINITELY look into sealing your arrest record ASAP, especially since your charges were formally dismissed. We can help you seal your arrest record, if you were arrested and either:

* No complaint was filed, or

* The complaint was dismissed, or

* You were acquitted following trial, and

* You are factually innocent

Sealing of arrest records begins with filing a request to seal the arrest record with the arresting agency. If the arresting agency denies the petition, then a motion is filed with the Superior Court in the county where the arrest occurred and the matter is set for hearing before a judge. At the hearing, we have the burden to show that you were factually innocent. If the motion is granted, the court will send the order for sealing to the Department of Justice to remove the arrest from your record. Sealing of the records will also cause the destruction of your finger prints, booking photo and arrest report maintained by the arresting agency. Once the records are sealed and destroyed, it�s like the arrest never happened.

Our service includes preparing and filing of the both the petition to the arresting agency and subsequent filings with the court, appearance at the hearing and payment of all court fees, if any.

For prompt, affordable legal assistance in this timely matter, contact us directly today for a free phone consultation.

Read more
Answered on 10/13/06, 3:44 pm


Related Questions & Answers

More Criminal Law questions and answers in California