QUESTION
Why is the DWI that was dismissed on record and can the court, use that against me?
Asked on Dec 25th, 2012 on DUI/DWI - Texas
9 ANSWERS
Criminal Attorney serving Cheyenne, WY
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Law Office of Scott Powers
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If the DWI was dismissed it should not be used against you.
Answered on Jul 07th, 2013 at 9:59 PM
The arrest will always appear on a NCIC report. The fact that you were arrested and subsequently charged with DUI or DWI is a public record under Oklahoma Law. There is a mechanism to have the charge "expunged" from the records. It is possible to also have the arrest expunged from the OSBI's records under certain circumstance.
Answered on Jan 09th, 2013 at 12:13 PM
Michael J. Breczinski
It is on the record as an arrest no a conviction and the court can't use it against you.
Answered on Jan 09th, 2013 at 12:12 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Any charge brought against someone stays 'on record,' because the record is supposed to be historical and accurate. If it is accurate it will also show that the charge was dismissed. Of course, some people know how to read what is before them, and others don't. But we can't do too much about that.
Answered on Jan 04th, 2013 at 8:21 PM
Divorce & Separation Attorney serving Baton Rouge, LA
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George E. Downing, Jr. Attorney at Law
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The arrest will stay on your record until you file for and get granted an expungement.
Answered on Jan 04th, 2013 at 3:31 PM
This is a common misnomer. People believe that if a case is dismissed it is not on their criminal record. In Massachusetts a "court record" is created once a complaint issues. A "criminal record" or CORI is created once a defendant is arraigned on the charges. The charges may ultimately be dismissed, but the dismissal is reflected on the CORI. The importance of a dismissal is that one can honestly state that they were never convicted of the crime charged. To clear your record in Massachusetts one must seal their record. Sealing a record does not necessarily mean that someone cannot find that you were arrested. If one is arrested and fingerprinted in Massachusetts all fingerprints are sent to the FBI. That creates an arrest record which is difficult to seal. If you have concerns about your record consult an experienced criminal attorney.
Answered on Jan 04th, 2013 at 3:20 PM
Administrative/ Regulatory Attorney serving Airway Heights, WA
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Clinton Law Office
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That would depend on how or why the DUI was dismissed. If a Deferred Prosecution then the DUI can indeed be used against you later if you get another DUI within 7 years.
Answered on Jan 04th, 2013 at 3:05 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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If a charge was dismissed it cannot be used against you.
Answered on Jan 04th, 2013 at 3:04 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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You must filed a lawsuit to expunge it to get it off your record. It cannot be used to enhance punishment in the future but it can be "considered" in the sense that the State does not look at you the same way.
Answered on Jan 04th, 2013 at 3:02 PM