ENASNI, I reread my post, and you post and want to apologize for being curt, my apologies. I could have stated my situation more clearly, I was just trying to be brief.
This is just a real bad deal for me, I just graduated, and they did a background check, and this arrest showed up, nad pretty much cost me a job I had already been offered. I accepted with this company in October of last year, and between then and graduating, December, I actually turned down three other job offers because I had employment. Then this pops up, and boom, sorry no job. And to top that off, it's such a boom time in the industry, petroleum, that all the compaines that are coming to my school have already finished recruiting, so I'm basically screwed.
Let me clarify again. I was arrestd and charged with domestic battery, for honestly throwing water on my girlfriend, not my finest moment. A cop "saw" it, and they pressed charges not my GF. In retrospect, reading the police reports I realize they didn't see anything, they just used what I had told them, to write their reports and arrest me. In Idaho, you can not bail out on a domestice battery charge without seing the judge. So, or course this all happened on a friday night, so i got to spend the whole weekend in jail. I wnet before a judge on the following Monday, and he set bail at $1000, which I hurriedly posted.
I got an attorney, and we dicided to fight it. I went to court once where the prosecutor tried to get me to plead guilty to disturbing the peace, I said no, so the judge gave us a later date to come back and get a trial date.
We show up for that, a different prosecutor, I think realized he would be hard pressed to find 6 people to convict me of domestic battery for throwing water, and dismissed the charges via motion of the prosecutor.
So year and a half later it pops up, cost me my job, and I am trying to get it gone. I have been looking into expungment in Idaho and found this
STATUTE .
4. Who is eligible for an expungement?
3. Any person who was arrested or served a criminal summons and who was not charged by indictment or information within one year of the arrest or summons and any person who was acquitted of all offenses. I. C. § 67-3004.
5. How do I get records expunged?
2. A person not charged by indictment or information within one year of the arrest or summons and any person who was acquitted of all offenses arising from an arrest or criminal summons may have the fingerprint and criminal history record taken in connection with the incident expunged by a written request directed to the department retaining those records. I. C. § 67-3004.
I just want to know if this applies to me. I have the lawyer that represented me looking into it, but when I meet him at his office a few weeks ago, he coldn't even find the statute, I talked to a paralegal yesterday, and she sounded thrilled to be looking into this, so I am trying to help myself.
This is why I wanted to know if I was indicted, what it ment, etc.
Thanks, sorry about the length.
brian