Case not pursued by city prosecutor. How to ensure that it is closed and sealed?

[cthez02]

What is the name of your state (only U.S. law)? California

I was falsely accused of battery under California PC 242. My lawyer managed to convince the city prosecutor not to file the case with the court. I.e. the prosecutor seems to have conceded that there is not enough evidence to pursue the case. He communicated to my lawyer over the phone that he will not file it in court.

I have several questions:

1) Does this mean that the case is closed? Can it still be filed even though the city attorney has verbally communicated to my lawyer that he will not pursue the case ("not enough evidence to pursue")? How can I ensure that this is completely closed?

2) There is no paper trail of this decision. Should I obtain some sort of paper that says that the case is closed? What paper should it be?

3) I have my arraignment within 2 business days. Should I still show up in court? If yes, what should I do? If there is no case, does court officially dismiss my citation?

4) I'm about to start my paperwork for employment based permanent resident status. Of course the case not being filed is a positive outcome. How should I protect myself from the immigration standpoint such that this doesn't 'come back' somehow / taint my record? Is there a paper I can obtain in THAT regard?

You help is much appreciated. Thanks.

 

[CdwJava]

1) Does this mean that the case is closed? Can it still be filed even though the city attorney has verbally communicated to my lawyer that he will not pursue the case ("not enough evidence to pursue")? How can I ensure that this is completely closed?

They have up to one year to commence legal action against you for this misdemeanor. You can ask them if the matter is closed, and it might be. But, in theory, it can always be reopened until the SOL has tolled (one year).

2) There is no paper trail of this decision. Should I obtain some sort of paper that says that the case is closed? What paper should it be?

You can ask the prosecutor for his decision in writing, but he would not likely guarantee you that no charges would ever be filed, only that it is not being pursued at that time.

3) I have my arraignment within 2 business days. Should I still show up in court? If yes, what should I do? If there is no case, does court officially dismiss my citation?

Unless you receive some written documentation advising you NOT to show up, you should show up. If you appear and there is no case, then be sure to get something that shows a stamp or employee signature that proves you were present at court when you were supposed to be.

4) I'm about to start my paperwork for employment based permanent resident status. Of course the case not being filed is a positive outcome. How should I protect myself from the immigration standpoint such that this doesn't 'come back' somehow / taint my record? Is there a paper I can obtain in THAT regard?

Not really, no.

Were you arrested and booked into the jail? Were you photographed and fingerprinted? If so, you might be able to petition the prosecutor per PC 851.8 for a finding of factual innocence. But, not having charges filed is a far cry from a finding of factual innocence.