QUESTION
Can a record be sealed considering it was dismissed?
Asked on Dec 08th, 2011 on Criminal Law - Colorado
More details to this question:
I just want to know if a record is sealed considering it was a misdemeanor and the case was dismissed.
41 ANSWERS
James Edward Smith
Yes.
Answered on May 29th, 2013 at 2:51 AM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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No you need to hire counsel to file and argue a Petition to Expunge the file.
Answered on Jul 13th, 2012 at 6:10 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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If you have a misdemeanor dismissed, you can probably get your record sealed. I say probably because not all misdemeanors can be sealed.
Answered on Jul 13th, 2012 at 2:13 PM
Criminal Defense Attorney serving Lake Charles, LA
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Michael R. Garber
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The record won't be sealed, but it will show that the case was dismissed.
Answered on Jul 10th, 2012 at 4:03 PM
Michael J. Breczinski
No not usually sealing is only done in certain limited circumstances since it infringes on the open court concept.
Answered on Jul 10th, 2012 at 10:53 AM
Yes, but as a general proposition records relative to cases that are dismissed should be expunged from your record as opposed to sealed.
Answered on Jul 09th, 2012 at 9:44 PM
It would show up as a arrest . . . you just explain that it was DISMISSED. Unfortunately, employers (potential employers) still hold it against you.
Answered on Jul 09th, 2012 at 8:56 PM
Gary Moore
The arrest records can be expunged.
Answered on Jul 09th, 2012 at 2:21 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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Yes a dismissal can always be sealed/expunged.
Answered on Jul 09th, 2012 at 2:08 PM
Leonard A. Kaanta
No, it is a public record.
Answered on Jul 09th, 2012 at 1:58 PM
Samuel H. Harrison
IF it's a Georgia case you may be able to get the crecord expunged. You should consult with an attorney. The expungement statute was recently changed to make it easier to expunge dismissed cases from the records.
Answered on Jul 09th, 2012 at 1:48 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If the case was dismissed without any plea or conviction, there is no reason to seal it.
Answered on Jul 09th, 2012 at 12:21 PM
Your record can be expunged through a motion for expungement of your criminal record, including a dismissal. Once the Motion is filed to seal your record, a Judge will review your file and determine whether you are eligible for your record to be expunged. Dismissals are able to be expunged from your record. You may want to contact an experienced and affordable attorney who can help guide you through the process.
Answered on Jul 09th, 2012 at 10:54 AM
An "arrest" record is not automatically sealed by virtue of the charges being dismissed. A person must take affirmative steps to seal a criminal record which includes arrests as well as convictions.
Answered on Jul 06th, 2012 at 10:28 PM
You can request the court to seal it. This will not prevent the arrest from showing up on a background check for most businesses though.
Answered on Jul 06th, 2012 at 10:17 PM
Ruth Emily Vogel
Yes. Sealing can be the best way to protect your privacy.
Answered on Jul 06th, 2012 at 10:05 PM
A record can be sealed in Nevada. However, it is not done automatically, it must be petitioned to be sealed. The District Attorney will not generally oppose the sealing of a dismissed case. Although, you generally have to wait to the Statute of Limitations has lapsed before it can be sealed. Generally, for a misdo that is one year.
Answered on Jul 06th, 2012 at 10:01 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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No but it can be expunged.
Answered on Jul 06th, 2012 at 9:58 PM
Litigation Attorney serving Westland, MI
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Clos, Russell & Wirth, P.C.
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Your question is unclear as written. Criminal matters, except for juvenile matters, are a matter of public record. "Sealing" a document or part of a court record is something that typically occurs in civil matters for privacy reasons. If the case is dismissed, there is still a record of the matter with the court. However there is no conviction to be found of record.
Answered on Jul 06th, 2012 at 9:29 PM
Criminal Attorney serving Bellingham, WA
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Andrew Subin Attorney at Law
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No need to seal the record of a dismissal.
Answered on Jul 06th, 2012 at 9:19 PM
3 Awards
If the whole case was dismissed, the arrest and all court records can be sealed from public view - I can help also, there are forms and directions on the colorado supreme court website, but beware, if you do not give the correct notice of the hearing and the order, your record will still be seen by some.
Answered on Jul 06th, 2012 at 9:16 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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Yes, it's possible to have the record sealed. You have to petition the court to make a finding of factual innocence. Any reasonable lawyer will tell you that these petitions are difficult to get granted. They aren't impossible however, and if you would like to pursue one.
Answered on Jul 06th, 2012 at 9:15 PM
There is likely still a record of the arrest, though you may be eligible to have that expunged. The record will not be sealed automatically.
Answered on Jul 06th, 2012 at 9:15 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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If it was dismissed, there is no conviction, no record, so nothing to seal. You could seek to destroy and clear the arrest record, if you can show the was no probable cause for the arrest, which would be grounds for a finding of factual innocence required to seal a record. High hurdle.
Answered on Jul 06th, 2012 at 9:13 PM
Thomas Edward Gates
I lack sufficient information to answer your question completely. Your record is not sealed due to the dismissal. Anyone doing a background check will see that you were charged an offense and your record will note that there was a dismissal. You need to get an expungement of your record to remove the charge.
Answered on Jul 06th, 2012 at 9:13 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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Adult records cannot be sealed in California. Juvenile records can.
Answered on Jul 06th, 2012 at 9:10 PM
3 Awards
Although the case was dismissed, you would need to go through an expungement to completely seal the record. For instance, say I was charged with theft and I was given a citation to appear in court on that charge. However, the police actually had the wrong person and the prosecutor dismissed the case after I went to court. There would be a record that I was arrested for theft and potential employers could see that. Therefore, I would need to have the arrest record sealed or expunged to the public.
Answered on Jul 06th, 2012 at 9:09 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Generally it is very difficult to get records sealed. Without knowing more about your case, I have no way of advising you. Consult with an attorney in your area.
Answered on Jul 06th, 2012 at 9:07 PM
Criminal Defense Attorney serving Columbia, SC
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Bernstein & Bernstein
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You may want to explore an expungement.
Answered on Jul 06th, 2012 at 9:06 PM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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It should be sealed since it was dismissed.
Answered on Jul 06th, 2012 at 9:05 PM
Criminal Defense Attorney serving Winston-Salem, NC
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Law Office of J. Scott Smith, PLLC
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Generally speaking in criminal court, records are only sealed if the case involves a juvenile or if the Judge orders it. If the case was dismissed your best remedy is to seek an expunction or expungement under the statute. See N.C.G.S. 15A-145 and 15A-146. Contact a criminal lawyer in your area to assist you.
Answered on Jul 06th, 2012 at 9:00 PM
Criminal Defense Attorney serving Philadelphia, PA
Partner at
O'Hanlon Law Firm, P.C.
In order to get it fully of all databases, you need to file an expungement petition.
Answered on Jul 06th, 2012 at 8:59 PM
If the case was completely dismissed, yes.
Answered on Jul 06th, 2012 at 8:57 PM
Criminal Defense Attorney serving New Orleans, LA
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The record cannot be sealed. However, you may be able to expunge the arrest and subsequent record proceeding from public view.
Answered on Jul 06th, 2012 at 8:56 PM
Records are not automatically sealed or expunged. Someone must ask the court to do so. If your case was dismissed, you should talk to a lawyer about what steps can be taken to get the case sealed or expunged.
Answered on Jul 06th, 2012 at 8:56 PM
No it cannot. Dismissed is the best it's going to get.
Answered on Jul 06th, 2012 at 8:55 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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No. You must make a motion to get the record sealed, it is not automatic. The record will remain until it is sealed. You need an attorney to do this for you.
Answered on Jul 06th, 2012 at 8:55 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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There is a record there was a case, even though it was dismissed. There will also normally be an arrest record. If there is come compelling reason that information needs to be remover from the record you should call my offices, or another attorney, to explain the situation, and, once the facts are known, determine what can be done.
Answered on Jul 06th, 2012 at 8:54 PM
Yes. A dismissal is the best way to be able to expunge or clean a record. Although, when you are able to expunge it depends on how the case was dismissed, with prejudice or without prejudice. With prejudice means you went to trial and the jury found you not guilty, or the prosecutor agreed to dismiss it with prejudice, or it was a plea in abeyance and now the case is dismissed. If the case was simply dismissed without saying whether it was with or without prejudice, it is likely without prejudice, which means you would not be eligible for expungement until the statute of limitations expires. If it was dismissed WITH prejudice, then you would be eligible for expungement in 30 days.
Answered on Jul 06th, 2012 at 8:54 PM
Bruce Arthur Plesser
The record will show a dismissal.
Answered on Jul 06th, 2012 at 8:53 PM
Gregory Graf
You can petition the District Court to seal a dismissed county court case. It involves filing a petition, serving the DA and law enforcement agencies and setting the case for hearing. An attorney can help you. Good luck.
Answered on Jul 06th, 2012 at 4:11 PM