QUESTION
Am I eligible to clear a dismissed felony: no deferred ad, no fines, no conviction? No longer living in the US.
Asked on Dec 13th, 2013 on Drug Crimes - Texas
More details to this question:
In 2007 I was arrested for possession of a controlled substance (felony) and two misdemeanors for pot. I was indicted in jan 2008, had my pretrial postponed 5 times before my charges were dropped in July '08. It is my first and only offense and I was 21. I never spoke to a judge, I didn't do any deferred ajudification, didn't pay any fines, it was simply dismissed. I had a bright future and an expensive lawyer. Just picked up a few bad habits in college (but now too traumatized to do anything like that again). BUT I was trying to get a job in S Korea and they will not allow anyone with an arrest record! I also heard you can't expunge a record without conviction! I also didn't know "dismissed" meant, otherwise I would have taken care of this in the US. I live in Thailand now, and it is a headache trying to figure out how or if I can remove or seal this from an FBI background check. Do you think I'm eligible? if i am, can I do it from overseas? Or should I kiss my dream job goodbye?
1 ANSWER
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If it was dismissed you should be able to get it expunged. That process should remove the arrest record from existence. Also, once properly expunged you can deny the arrest ever happened. Usually it's a process I get done for my clients that does not require them to appear in court. So, I wouldn't give up in your dream job just yet. You may be able to get your record cleaned up enough to get the job.
Answered on Dec 14th, 2013 at 3:16 PM