QUESTION
How long after your probation period is up will the court case be dismissed in public records?
Asked on Sep 06th, 2012 on Criminal Law - Florida
More details to this question:
Do I need to file paperwork to expunge the case? Will it go away on its own if the details are fulfilled?
21 ANSWERS
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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Court case is not dismissed.
Answered on Jun 27th, 2013 at 11:58 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Depending on the type of charges you were convicted of, felony or misdemeanor, actual charges, etc., you will need to file a petition to have the conviction expunged. I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Sep 19th, 2012 at 8:57 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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case be dismissed in public records? Never. However, while the general rule is Records are forever, some CA convictions can be 'expunged' from criminal records by proper application and Petition to the court, but ONLY IF there was no felony prison time sentenced whether served or not, and if it was not for certain listed sexual crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. Sounds like yours may qualify. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT clear, 'remove', erase or disappear the conviction, but does change the record to show an arrest with 'conviction reversed and charges dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offenses. Expungement does not restore firearm rights lost because of felony conviction or domestic violence restraining orders. That record is accessible to government agencies, law enforcement, courts, background checks, insurance companies, etc. Expungement will help in obtaining employment. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may legally deny that you were arrested or convicted of the offense.
Answered on Sep 14th, 2012 at 3:46 PM
Michael J. Breczinski
A case doe not go off your record unless that was part of the deal or ther is a petition granted to expunge it. You need a lawyer.
Answered on Sep 14th, 2012 at 3:46 PM
You need to petition the court to expunge a criminal case. You must wait three years after completing all conditions on a misdemeanor sentence, five years for a class C felony and ten years for a class B felony.
Answered on Sep 14th, 2012 at 3:45 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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One cannot expunge the conviction for the Misdemeanor or Felony for which you were sentenced to probation.
Answered on Sep 14th, 2012 at 3:44 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Unless this is a diversion or prop 36 the conviction will never disappear from the records.
Answered on Sep 14th, 2012 at 3:44 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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It wont be dismissed from public records. The only way to do that is to have the record expunged, if that is even possible. It also requires the passage of a certain period of time, after probation has been completed... generally a minimum of 5 years, during which time you can have no violations of the law anywhere, including other states. This is a complicated process. You really need an attorney to help you with this.
Answered on Sep 14th, 2012 at 3:44 PM
Steven D. Dunnings
It will not automatically "go away" . If it is a crime that can be expunged, and you have no other criminal convictions, you will have to wait six years before you can file a petition with the court to request it be expunged.
Answered on Sep 14th, 2012 at 3:43 PM
It won't happen automatically. Once you have successfully completed probation, you need to hire a lawyer to petition the court for an expungement. It will NOT go away on its own.
Answered on Sep 14th, 2012 at 3:43 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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There is no expungement under California law. You can have the case dismissed after you complete probation under Penal Code section 1203.4, but it is not automatic. You need to either file the petition yourself or hire a lawyer to do it.
Answered on Sep 11th, 2012 at 1:47 PM
Workers Compensation Law Attorney serving Sacramento, CA
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Ernest Krause Attorney at Law
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Google "California expungement of criminal case." Look around for a form to fill out. Send to judge who sentenced you c/o clerk for criminal cases. Send certified, return receipt requested for proof they received it and follow up. (Copy to DA with proof of service).
Answered on Sep 11th, 2012 at 1:46 PM
Thomas Edward Gates
You need to file the necessary documents with the court to have your records expunged.
Answered on Sep 11th, 2012 at 1:43 PM
In Alabama, there is the pardon process. Upon completion of probation and payment of all fines and fees, you may qualify for a pardon. If you decide to apply for a pardon, you will need to seek legal advice of an experience attorney that deals with pardons. If your application is denied or incomplete you may not reapply for five years. Hiring an attorney who regularly deals with this process can assist you in getting an approval.
Answered on Sep 11th, 2012 at 1:39 PM
Gary Moore
You have to file an expungment petition with Superior Court.
Answered on Sep 11th, 2012 at 1:37 PM
Dennis P. Mikko
A case filed in court will remain on the public record forever unless the court orders otherwise. Since there was a conviction, you could move for expungement after 5 years have past.
Answered on Sep 11th, 2012 at 1:36 PM
Insurance Defense Attorney serving Jackson, MI
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Dungan, Lady & Dunga, PLLC
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In Michigan, unless the probation was something other than "regular" probation, and there is no agreement to dismiss the case after probation ends, the case will not be dismissed and will always appear on the public record. For an expungement, you have to wait 5 years from the date of sentencing or release from incarceration if there was any, whichever comes last.
Answered on Sep 11th, 2012 at 1:30 PM
Leonard A. Kaanta
A criminal record is permanent, you can file for an expungment after 6 years.
Answered on Sep 11th, 2012 at 1:29 PM
Samuel H. Harrison
Never! Georgia does not expunge convictions just because you have finished serving the time or the probation.
Answered on Sep 11th, 2012 at 1:29 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Only if you plead under a statute that provides for a dismissal.
Answered on Sep 11th, 2012 at 1:26 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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It is a public record and will be such unless and until it is sealed and perhaps later expunged. The case will not be dismissed and will not just go away. Get to a criminal defense attorney to find out how much it will be to get the records sealed and later expunged.
Answered on Sep 11th, 2012 at 1:25 PM