Should I expunge a forgery charge that has been dismissed?

Question

I have a charge on my background that has been dismissed, should I expunge it or does it matter?

Leonard A. Kaanta · Answer

It cannot be expunged.

S. Hunter · Answer

If the case has been dismissed then it is not on your record. Expungment is only for convictions.

Larry Dunn · Answer

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.

Stephen Freeborn · Answer

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.

Arthur Aiken · Answer

I would have the forgery charge expunged.

James Schoenberger · Answer

It does matter. The fact of the charge will show up on a search. You should petition the court to seal non-conviction data.

Francis Cowhig · Answer

If you were never convicted of the crime and the charge was dismissed by the court, there is nothing to expunge.

Michael J. Breczinski · Answer

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.

Steven Alpers · Answer

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.

Joseph Dane · Answer

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.

Michael Edwards · Answer

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!

Jared Altman · Answer

If it was dismissed it should not be showing up.

Nathaniel Shafer · Answer

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.

Steven Decker · Answer

Always expunge.  Why would you ever want to have a future employer know that you were arrested.

Jeff Yeh · Answer

You can't expunge something that has been dismissed. Expungement only applies to convictions.

Mark R. Thiessen · Answer

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.

Gary Russell · Answer

If it has been dismissed, then there is no conviction.  What you expunge is a conviction.

Barbara A. Fontaine · Answer

By all means, have any charge expunged if you can. Otherwise it may show up and work against you. Good luck.

Jeffery Lebeau · Answer

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.

Jenny D. Hubach · Answer

You should seal your case.

Mark Smith · Answer

Yes even dismissals matter so have the document expunged/sealed!

Andrea Rogers · Answer

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.

Steven D. Dunnings · Answer

If it was dismissed, there is nothing to expunge

Jennifer Leigh Gottschalk · Answer

Expungement is the way to go.

John Brennan · Answer

If the matter was actually dismissed there is nothing to expunge.

Dennis P. Mikko · Answer

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.

Stephen Richards · Answer

It matters. Expunge it.

Mark Arneson · Answer

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.

Michael Palumbo · Answer

There is no such thing as expungment in NY

Ernest Lee · Answer

If it is dismissed it is not a conviction and thereby nothing to expunge.

Jared Winter · Answer

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.

Kevin Ellmann · Answer

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!

Jeffrey Pollock · Answer

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.

Robert De Groot · Answer

You should get it expunged. It does matter because it can affect your ability to get a job.

Michael Morgan · Answer

What you probably want to do is have the non-conviction data deleted by the Washington State Patrol.

Timothy Klisz · Answer

You can't expunge a dismissed case.

Thomas Edward Gates · Answer

Yes,.  Any background will show the charge, even if it was dismissed.  Best to clean record.

Timothy Byrne · Answer

By all means expunge the record of arrest.

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