Does a Criminal Charge Stay on Your Record if It Is Dismissed?
Its a common question… if felony or misdemeanor charges are dismissed, do you have a criminal record? The answer is no, a dismissed or dropped charge does not automatically disappear from your criminal record. Although you may not have committed a crime, but you still have been charged with an offense and the charge was later dismissed, your arrest record will be stored unless you obtain an expunction or nondisclosure. So, although the charge may be dropped, you should still be aware of who can and can’t see the information about an arrest. If you want to ensure your record is kept private, a Terre Haute criminal defense lawyer from Rowdy G. Williams Law Firm could help.
If you’ve been charged with a criminal offense, this doesn’t necessarily mean you’ll get convicted. People get charged with crimes all the time before going to court and getting the charges reduced or dismissed. Thankfully, if your charge is dismissed, you won’t have a misdemeanor or felony on your criminal record, but that doesn’t necessarily mean your record is clean.
How Long do Dismissed Charges Stay on Record?
Arrest records are stored, so even charges are dropped and no conviction occurred, these records can still be accessed. If you case was dismissed, you can apply to have your arrest and/or charging record expunged one year after the charge was filed.
How Long Does It Take For My Record to Be Expunged?
Once a petition for expungement is filed, it generally takes anywhere from 30-180 days till the court approves the petition depending on the county (Indiana).
The only way to ensure your criminal charges are kept private is to go through the process of getting your records sealed or expunged. With the help of a criminal defense attorney in Terre Haute, you can request an expungement or record seal but only in certain circumstances. You may need to make a deal with the judge or wait a certain amount of time after your charges have been dropped.
Employer Background Checks
When you fill out an employment application, you may notice that the application asks if you’ve ever been convicted of a crime versus charged with a crime. This is because most companies won’t penalize you for a charge that didn’t result in a conviction.
When an employer conducts a background check, there’s a possibility that both your criminal and arrest record will show up. An arrest record may show any charges you’ve received, and your criminal record should only show convictions. Only in-depth background checks will be able to access both charges and convictions, but knowing that the charge is a part of your criminal history is important.
Reach Out to a Terre Haute Criminal Defense Lawyer
Your attorney will help you determine whether you’re eligible for an expungement or record sealing. One of these can give you peace of mind as you move forward with your future and try to put any past charges behind you.
If you’d like to discuss your situation with a Terre Haute criminal defense lawyer from Rowdy G. Williams Law Firm, fill out the contact form below or call 1-812-232-7400 to schedule a free consultation.
