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When case is dismissed, what will my record show?

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laragon

Guest
About a month ago I received EXCELLENT advice here. I was the guy that had drugs planted in his vehicle 4 days before the final court date of an almost 3 year long custody battle.
My attorney submitted my urinalysis report, and the results of my polygraph test to the prosecutor's office. They wrote back saying that if none of my fingerprints are on the bag that the drugs were in, they will dismiss the charges. Will this be on my record in any way that a future employer could find out about, and if so, is there any way to clear it up?
 


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lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

I think I remember helping you (or at least someone with your similar problem). Okay, basically, if you are acquitted or the charge is dismissed, then you DO NOT Have to report it, because in the eyes of justice, you were found to be innocent and not enough probable cause was there to keep the case going.

As far as erasing it off your record (i.e. any trace of the problem), I know that there are expungment programs, but I am not sure if they work for individuals whose cases are dismissed. Try these two things:

To find out more about expungement, call up your local legal aid foundation (found in the community guide section of your yellow pages under legal services) and ask for the criminal defense division OR I suggest contacting a criminal defense attorney (some offer free consultations) at attorneypages.com.

Hope this helps and good luck to you!
 
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laragon

Guest
Thanks lawrat, you did give me advice when I posted this a month ago. Keep up the good work, for your help was and is appreciated
 
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Tracey

Guest
Congratulations Laragon! I was pulling for you. :)

Ask your attorney about expunging the arrest and court files. Some job applications ask if you've ever been arrested, not just convicted. If you lie, you can be fired at any time in the future. Also, since charges have already been filed, an employer could learn of them by searching for cases with your name in the court clerk's office. All that will show up is the nature of the charge (drugs!) and that the charges were dismissed. Not WHY they were dismissed. Expunging the record will keep the charges from showing up.

If your attorney has a *really* good relationship with the prosecutor's office, s/he might be able to get the PA to write a letter stating that further investigation shows you were likely framed as part of a child custody battle. Don't hold your breath. Another avenue would be to ask the child custody judge to issue a finding of fact that, more likely than not, you were framed as part of the custody battle. In order to get either kind of letter, you'll have to present overwhealming evidence of your innocence & ex's complicity.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
 
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laragon

Guest
Thanks Tracey, for your support and advice. Then and now. Being a law abiding citizen, the past month has been pretty rough for me and my family. I think that it is great that you, and a few others take the time to look these sites over and offer such sound advice.
Thank you!
 

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