If go to court and your charge gets DISMISSED, should the charge...

If go to court and your charge gets DISMISSED, should the charge go off your record or does it stay on there?

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I had a charge for PUBLIC INTOXICATION and DRIVING ON SUSPENDED LICENSE, both which where DISMISSED five years ago, but now, I just found out, after applying for a job and the employer doing a criminal check, that the two are still on there. She says it shows they are DISMISSED but still on my record. Is this right? I figured they would be wiped off by now. Is there a way I can get them off? Thanks in advance.
BTW, these charges were at different times, almost a year apart.


  1. Its unfortunate but they can find out anything about you today. Charges which are dismissed should be cleared from your record but they are not. Even if you are acquitted, they still show up as charges. The police know when they pull you over what you have been charged with and what you have been convicted of.

  2. Yes they will be on your record even if they a dismissed. There is really nothing you can do about it either.

  3. it does not go on your record. a through search may turn up the charge, but also show that it was dismissed.

  4. Unfortunately it stays on your record but is labeled dismissed. But if you were Bush and your father use to be head of the CIA you could have it all removed, just like it never happened.

  5. Hm, my only advice would be call your local city hall and ask them. If there is a way to get them removed from your record they should be able to direct you to that path. Or advise a good lawyer to get that ball rolling to being cleared. I don’t know how the dismissal of charges works but that sounds fishy to me. Did you get the job anyway? Or did she deny you because of it? I hope you can get it all worked out. Good luck!

  6. They are on your record and will stay there. You were arrested and DISMISSED were the results. "Wiped off" why would you think that would happen? You can either do it yourself or hire a lawyer and pay big bucks to have the "record" SEALED or EXPUNGED (which by the way isn’t really EXPUNGED for 10 years after the papers are filed, a little known secret) To have it SEALED simply means your employer can’t see the reason why you were arrested. So it’s best to be up front with your prospective employer. In all fairness, these are misdemanors and I suspect you got them as a teenager.

  7. Try to talk to a public defender & see if they can get expunged from your record. Every state is different. Good luck

  8. It stays on your "rap" sheet unless you have it expunged. It says dismissed, sol or whatever the local courts call throwing it out, on the record. It cannot be used in charging decisions. Even if it is expunged a potential employer, or any one else who wants to spend the money, can find out from data bases what happened. Police records are not open to anyone. Most places allow officers to get the information but it is recorded who is asking for it.
    Court records are public record. A judge can close them to view but that is rare, you have to be a kid or someone big time.
    Private companies make a living looking up court records and putting the information into their data base.

    Bottom line, pre about 1990 expunging meant something. Since the cheap computer explosion your info is out there forever.

  9. It would have been important for you to tell people what state you’re in (criminal history record maintenance will vary by state) and what you mean by your "record."

    If you’ve been arrested for something, that arrest and subsequent court action will likely generate a criminal history record in all states (though in California, public intoxication is no longer entered onto a criminal history report). The final disposition of the case should also be listed on the criminal history report, and it sounds like it was in both of your cases.

    The criminal history report is designed to report just that; your criminal history…the good, the bad, and the ugly. There’s no reason to think just because charges were ultimately dimissed that they should be removed from your criminal history. Dismissed does not mean "not arrested."

    Now (and again depending on your state), the suspended license violation could be a different story. That charge might appear on a criminal history record or on a driver’s license record – just depends on how your state handles that.

    I don’t know if you can get those things removed from whatever document they’re on, partly because you didn’t tell people what state you’re in and partly because even if you did, I probably wouldn’t know (though I doubt you can anyway).

  10. I know that in wisconsin, minor things like speeding go off the public record in 5 years so a dismissed case might be the same/

  11. Get the record of the arrest expunged. Or file a writ to quash the indicia of arrest.

    Next get a lawyer. Most states don’t allow arrest records to be used against a potential employee – only convictions!

  12. they are dismissed in court but not on your background check mines the same way it says on there that it is dismissed but that dosnt help!

  13. I have tried to get charges that were dropped off my record. I don’t know it it has hurt my chances of getting jobs, since I always had a hard time getting a job. Only one employer has brought it up. I told him,”anyone can be arrested” Does not mean that you did it. Being that charges are dropped or dismissed, it should drop from your record, but it does not. I was lied to and told that it would go away in 10 yrs. It didn’t and has been 19 yrs. You never know how many employers saw the arrest record and didn’t hire you because of it. To many you are guilty if you were arrested. That is far as they see. Should be against the law to keep anything on your record that was dropped or dismissed.

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