Would a dismissed case remain on my records? <\/strong><\/h3>\n\n\nYes. There’s a widespread belief that dismissed criminal charges are automatically erased from an offender’s record \u2013 wrong!<\/p>\n\n\n\n
Fact is, an arrest stays on one’s record, pending when a court grants an expungement petition.<\/p>\n\n\n\n
After a successful expungement, the court then sends an order to all concerned agencies and interested parties, prompting them to destroy all records of criminal arrest and prosecution.<\/p>\n\n\n\n
However, after a felony dismissal, the prospective petitioner must satisfy the waiting period \u2013 based on the offense \u2013 before applying for expunction.<\/p>\n\n\n\n
The waiting period is usually a minimum of three years for felonies and two years for misdemeanors.<\/p>\n\n\n\n
A trial is undoubtedly riskier than a plea bargain or a dismissal. However, when acquitted at trial, expunction eligibility is immediate, unlike the 3-year compulsory wait after a dismissal.<\/p>\n\n\n