can public records of criminal history include charges that were dropped.?
Posted by | Posted in Public Criminal Records | Posted on 29-07-2010
if a person was charged but was dismissed because new evidence showed someone else was guilty of the alleged crime., and was dismissed without prejudice, why would it be on his record. Is this grounds for lawsuit? It has been reason for a number of rejected employment apps. And have proof of this by mailed letters from Wal mart and others stating because of charges of violent crimes.
In law, the phrase without prejudice means that a claim, lawsuit, or proceeding has been brought to a temporary end but that no legal rights or privileges have been determined, waived, or lost by the result. http://en.wikipedia.org/wiki/Prejudice_(law)
In other words, just because the court dropped it without prejudice doesn’t mean you were determined not to have commited the act. Thus as far as potential employeers are concerned, you may still have done the crime but just gotten away with it or something. I doubt you could bring a lawsuit up over this. however I am not a lawyer so if you really think you’ve been wronged, I would consult an attorney if I were you and see what they tell you. good luck!
Criminal records contain all records whether dropped or not.
Even if the charges have been dropped they will always be on your record. It will show that the charges were dismissed, dropped etc…
All this is part of the complete rap sheet.
Here is the correct answer to your question.
A complete criminal or court record will show charges that were dismissed or even charges that you were found not guilty of. Of course it is noted that the charge was dismissed or that you were found not guilty, but they are there nonetheless.
This is the importance of having those charges expunged. If you have the charges expunged, then the court will order the records sealed and removed from the record. Then they will not appear on any records check, you do not have to answer YES to a question "have you been arrested." It is considered as though the charges were never brought.
In many if not most states, there is no fee from the court to have charges expunged from your record if they were dismissed or you were found not guilty.
My advice to you would be to consult an attorney. Even a new or inexperienced attorney can handle something as simple as this.
yes- a list would show convictions as well as dismissed/dropped charges. It’s part of the history.