QUESTION
Should I expunge a forgery charge that has been dismissed?
Asked on Aug 14th, 2012 on Litigation - Michigan
More details to this question:
I have a charge on my background that has been dismissed, should I expunge it or does it matter?
38 ANSWERS
Leonard A. Kaanta
It cannot be expunged.
Answered on Jun 28th, 2013 at 9:16 PM
Bankruptcy Attorney serving Grand Rapids, MI
at
Hunter Law Offices, PLLC
Update Your Profile
If the case has been dismissed then it is not on your record. Expungment is only for convictions.
Answered on Aug 20th, 2012 at 12:25 PM
Even if a charge has been dismissed, there is still a record of the arrest. In Nevada a person may seek to have the arrest record sealed 30 days after the case was dismissed. It is beneficial to have the arrest record expunged so that you do not have to disclose or explain the arrest to potential employers or any time criminal history is an issue.
Answered on Aug 20th, 2012 at 12:16 AM
Bankruptcy Attorney serving Federal Way, WA
at
Freeborn Law Offices P.S.
Update Your Profile
If it was "dismissed", that means that you were not found guilty and the prosecutor elected not to go forward with the case. You don't say what else is on your criminal history. That may have a bearing.
Answered on Aug 15th, 2012 at 4:11 PM
Appellate Practice Attorney serving Columbia, SC
at
Aiken and Hightower PA
Update Your Profile
I would have the forgery charge expunged.
Answered on Aug 15th, 2012 at 4:11 PM
It does matter. The fact of the charge will show up on a search. You should petition the court to seal non-conviction data.
Answered on Aug 15th, 2012 at 4:10 PM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
If you were never convicted of the crime and the charge was dismissed by the court, there is nothing to expunge.
Answered on Aug 15th, 2012 at 4:10 PM
Michael J. Breczinski
If it was dismissed then you have no conviction. You only have to worry about convictions. Any person could get arrested for anything. Convictions are what count.
Answered on Aug 15th, 2012 at 4:08 PM
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
There is no real expungement. A 1203.4 petition is about as far as you can go and that will still you to tell potential city, county, state or federal, employers. You still have to tell state licensing boards, cpa, attorney, real estate, dental or the lottery commission. Background checks will probably find your conviction even after a 1203.4.
Answered on Aug 15th, 2012 at 4:08 PM
Criminal Defense Attorney serving Orange, CA
at
Law Office of Joe Dane
Update Your Profile
If it has already been dismissed, that's all an "expungement" does - California doesn't have a true "expungement" statute, but we have a dismissal under Penal Code 1203.4. If your case was already dismissed, there is nothing to "expunge." If you mean that your case is over, but it wasn't dismissed, then you can file for the dismissal under 1203.4. Because of the confusion regarding the true status of your case, you may want to sit down with a local criminal defense attorney to discuss your options. If you do need to file for a dismissal, it can be handled for a reasonable fee by an attorney.
Answered on Aug 15th, 2012 at 4:07 PM
Family Law Attorney serving Layton, UT
at
Michael S. Edwards Attorney at Law, PLLC
Update Your Profile
Yes, expunge it. Otherwise, it causes an issue or raises questions with potential employers that simply isn't good for you. Apply for a certificate of eligibility for expungement from the Utah Bureau of Criminal Identification (BCI). Once that comes, either fill-out the paperwork to do the expungement yourself, or hire an attorney to do it for you. You will be glad you did. Good luck!
Answered on Aug 15th, 2012 at 4:00 PM
Criminal Defense Attorney serving Montrose, NY
at
Law Office of Jared Altman
Update Your Profile
If it was dismissed it should not be showing up.
Answered on Aug 15th, 2012 at 4:00 PM
1 Award
It could matter, if any future job runs your criminal history. Most employers do not require your criminal history, so for most people it does not matter.
Answered on Aug 15th, 2012 at 3:59 PM
Criminal Law Attorney serving Chicago, IL
at
Law Offices of Steven R. Decker
Update Your Profile
Always expunge. Why would you ever want to have a future employer know that you were arrested.
Answered on Aug 15th, 2012 at 3:59 PM
You can't expunge something that has been dismissed. Expungement only applies to convictions.
Answered on Aug 15th, 2012 at 3:59 PM
3 Awards
Absolutely yes!!! You hit a homerun, you must run the basis. It is a serious crime of moral turpitude and you really need to get it off your record.
Answered on Aug 15th, 2012 at 3:58 PM
Litigation Attorney serving Westland, MI
at
Clos, Russell & Wirth, P.C.
Update Your Profile
If it has been dismissed, then there is no conviction. What you expunge is a conviction.
Answered on Aug 15th, 2012 at 3:58 PM
Barbara A. Fontaine
By all means, have any charge expunged if you can. Otherwise it may show up and work against you. Good luck.
Answered on Aug 15th, 2012 at 3:58 PM
Criminal Law Attorney serving Long Beach, CA
at
Peacock & Le Beau
Update Your Profile
You can't expunge a dismissed charge only a conviction. You can however bring a motion for a finding of factual innocence and get an order to have all the records of your arrest destroyed.
Answered on Aug 15th, 2012 at 3:57 PM
You should seal your case.
Answered on Aug 15th, 2012 at 3:57 PM
Tax Attorney serving North Smithfield, RI
at
The Law Offices of Mark L. Smith
Update Your Profile
Yes even dismissals matter so have the document expunged/sealed!
Answered on Aug 15th, 2012 at 3:56 PM
Yes, you should get the record of the arrest expunged, if possible. You would have to prove that you have not had any prior or subsequent misdemeanor or felony convictions, you did not receive an SIS (suspended imposition of sentence) for the forgery charge, and there are several other things you would have to prove, as well. I suggest that you hire an attorney to file a petition for you in court because there will be a hearing in front of a judge to determine whether your forgery charge can be expunged.
Answered on Aug 15th, 2012 at 3:54 PM
Steven D. Dunnings
If it was dismissed, there is nothing to expunge
Answered on Aug 15th, 2012 at 3:54 PM
Criminal Defense Attorney serving Cherry Hill, NJ
at
Law Offices of Richard Sparaco
Update Your Profile
Expungement is the way to go.
Answered on Aug 15th, 2012 at 3:53 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
If the matter was actually dismissed there is nothing to expunge.
Answered on Aug 15th, 2012 at 3:53 PM
Dennis P. Mikko
If the charge was dismissed, you may be able to file a motion with the court requesting an order for the destruction of your arrest record and finger prints. Once the order is entered, it should be served on the police agency who arrested you and the Michigan State Police.
Answered on Aug 15th, 2012 at 3:53 PM
It matters. Expunge it.
Answered on Aug 15th, 2012 at 3:52 PM
3 Awards
To be honest, you should have it expunged. Reason being, employers can still see the charge by doing a background check. Yes, it will show up as dismissed, but in reality the employer will will have questions in the back of their mind which generally leads to not hiring you.
Answered on Aug 15th, 2012 at 3:51 PM
Transportation Attorney serving Mamaroneck, NY
at
Palumbo & Associates, PC
Update Your Profile
There is no such thing as expungment in NY
Answered on Aug 15th, 2012 at 3:51 PM
Criminal Law Attorney serving San Diego, CA
Partner at
Lee Law Group DUI & Criminal Attorneys
If it is dismissed it is not a conviction and thereby nothing to expunge.
Answered on Aug 15th, 2012 at 3:50 PM
Criminal Law Attorney serving Oakland, CA
at
Law Office of Jared C. Winter
Update Your Profile
California law does not provide for expungement. If the charge is already dismissed, you probably are at the end of your options. However, you may want to consult with a criminal defense attorney about petitioning the court for a finding of factual innocence. These are difficult to win, but if granted, then everything about the case, including your arrest, will be sealed.
Answered on Aug 15th, 2012 at 3:50 PM
I would HIGHLY recommend you take the steps to Petition to Seal the records associated with the case. The mere fact of charges having been filed (even if dismissed) is often enough to have a potential employer move on to the next candidate. Good luck!
Answered on Aug 15th, 2012 at 3:49 PM
Criminal Defense Attorney serving Pittsburgh, PA
at
Law Office of Jeffrey L. Pollock
Update Your Profile
Since it is a crime of falsehood, crimen falsie, I would think that expunging it would be worth the effort for future job interview, school acceptance,etc. reasons.
Answered on Aug 15th, 2012 at 3:49 PM
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
You should get it expunged. It does matter because it can affect your ability to get a job.
Answered on Aug 15th, 2012 at 3:48 PM
Criminal Defense Attorney serving Seattle, WA
at
The Law Office of Michael Morgan, L.L.C.
Update Your Profile
What you probably want to do is have the non-conviction data deleted by the Washington State Patrol.
Answered on Aug 15th, 2012 at 3:48 PM
Small Businesses Attorney serving Livonia, MI
at
Klisz Law Office, PLLC
Update Your Profile
You can't expunge a dismissed case.
Answered on Aug 15th, 2012 at 3:47 PM
Thomas Edward Gates
Yes,. Any background will show the charge, even if it was dismissed. Best to clean record.
Answered on Aug 15th, 2012 at 3:47 PM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
at
Timothy Kevin Byrne Attorney at Law
Update Your Profile
By all means expunge the record of arrest.
Answered on Aug 15th, 2012 at 3:47 PM