Dismissal vs Expungement: Whats the Difference

When you are charged with a crime, it can feel like the end of the world. You may be worried about what will happen to your future and whether you will be able to find a job. If you are lucky, your case may be dismissed. This means that all charges against you will be dropped and there will be no record of the arrest or prosecution. However, if your case is not dismissed, you may still have options available to you. One such option is expungement. Expungement is a process where all records of your arrest and prosecution are destroyed. Let's take a closer look at dismissal vs expungement and see which one is right for you!

• Dismissal vs Expungement: Whats the Difference
• What is a dismissal?
• What is an expungement?
• Can I get my record dismissed or expunged?
• How do I know if my record has been dismissed or expunged?
• How long does dismissal or expungement take?
• What are the benefits of gaving my record dismissed or expunged?
• Get youself a federal criminal defense attonery

When it comes to dismissal vs expungement, it is important to understand that they are two different things.

The two terms are often used interchangeably, but they shouldn't be. The distinction between dismissal and expungement is an important one to understand, especially if you're trying to get a criminal conviction off your record.

Dismissal happens when your case is dismissed by the court for any number of reasons, such as lack of evidence or a mistake made by law enforcement. You'll still have a criminal history, but it will be sealed from public view. In some cases, this can make it easier for you to find employment or housing, since employers and landlords aren't legally allowed to ask about dismissed convictions.

Expungement, on the other hand, completely erases your record from public view as if you were never arrested or charged with a crime in the first place. After an expungement order is issued by a judge, law enforcement agencies are no longer allowed to disclose any information about your past arrest or conviction unless they're authorized by statute to do so (for example, certain jobs require disclosure). If you're applying for government benefits like food stamps or unemployment insurance benefits (and many others), an expunged conviction won't prevent you from receiving them.

In most cases, an expungement is the better option if you're trying to clean up your criminal record. But it's not always possible to get your record expunged. That's why it's important to understand both options and how they work before making a decision about which one is right for you.

State and federal courts have different rules when it comes to dismissal vs expungement. If you're hoping to have your record cleared, it's important to speak with an attorney who is familiar with the laws in your state. An experienced attorney can help you understand your options and guide you through the process of getting your record dismissed or expunged.

A dismissal is the termination of a case. In most cases, this means that the case never goes to trial and the charges against you are dropped. A dismissal may be granted by the judge or prosecutor, or it can be allowed by your attorney after you have completed your sentence.

This can happen for a variety of reasons, such as lack of evidence or incorrect procedure. A dismissal is different from an acquittal, which is when you are found not guilty of a crime. An acquittal means that there was never enough evidence to charge you with a crime in the first place. A dismissal, on the other hand, can occur even if there is enough evidence to charge you.

In some cases, the prosecutor may decide to drop the charges against you in exchange for a plea deal. This means that you will agree to plead guilty to a lesser charge in exchange for the charges against you being dropped. A dismissal is always the best outcome, as it means that there will be no record of your arrest or prosecution.

An expungement is the legal act of sealing a criminal record. Once a record has been expunged, the individual does not need to disclose the conviction when applying for employment or housing.

An expungement does not erase or seal a criminal record; it only removes the public's access to that record. Expungement laws vary from state to state, but in most cases, an individual must meet certain criteria before his or her criminal record can be sealed.

Expunging your criminal record allows you to move on with your life after a conviction and will make it easier for you to find employment and housing, among other things.

To learn more, read: Eligibility for Obtaining a Criminal Record Expungement in Texas

State law enforcement agencies keep track of criminal records. If you have been arrested or convicted of a crime, your record will likely appear on a background check. This can make it difficult to find a job or housing.

According to the Texas Government Code, certain crimes can be dismissed if the individual completes a deferred adjudication. A dismissal means that there is no final conviction and the arrest will not appear on a background check.

If you are not eligible for a dismissal, you may still be eligible for an expungement. Expungement is available for certain misdemeanors and felonies, but not all. In order to be eligible for expungement, you must wait a certain amount of time after your sentence is completed (this varies by state) and you cannot have any other criminal convictions.

An expungement seals your record from public view and brings about many of the same benefits as a dismissal, with one major difference: an expunged record is still available to law enforcement agencies.

In general, if you have been arrested but not convicted of a crime, your criminal record will be erased after five years if you were over 18 years old at the time of arrest and have not been convicted of a felony or misdemeanor during that time period. If you have been convicted of any crime before this time period has elapsed and it will not affect your eligibility for expungement.

In Texas, if you have been convicted of a felony, you may be eligible for an expungement after five years. Texas law states that if you have been convicted of a nonviolent felony, you may petition the court for an expungement after five years have passed. If you are granted an expungement, your criminal record will be sealed from public view.

Federal government agencies also keep track of criminal records. If you have been arrested or convicted of a crime by the federal government, your record will appear on a federal background check.

The process for expunging a federal criminal record is different from the process for expunging a state criminal record. In general, you must wait five years after your sentence is complete before you can petition the court for an expungement.

You might be interested: Federal crimes vs state crimes: what's the difference

If you have been convicted of a crime, you may still be able to have your record dismissed or expunged. Depending on the severity of the crime and your criminal history, you may be eligible for a dismissal or an expungement. These two options provide different benefits, but both can help you move on with your life after a conviction.

You can also apply to have your criminal record sealed if:

• You were never charged or arrested for the crime
• The charges were dismissed
• You were found not guilty of the charges
• You successfully completed a deferred adjudication program
• You received a pardon from the governor
• You were convicted of a crime that has since been decriminalized
• The charges were dropped by the prosecutor's office or dismissed by a judge
• The case was dismissed due to lack of evidence or insufficient evidence (for example, if the officer failed to show up in court)
  

The answer to this question is not always easy.

In order to find out if your record has been dismissed or expunged, you can contact the court that handled your case and request a copy of your criminal history. You can also contact the state or federal law enforcement agency that maintains the records.

The court will notify you in writing if your petition is granted. If you receive notice that your petition has been granted, you may be able to find out if your record has been expunged or dismissed by contacting the clerk of court for the county where you were arrested and/or charged with a crime. You can also contact the District Attorney's Office that handled your case and ask them if they are aware of any records.

Federal judges and law enforcement agencies keep track of criminal records. If you have been arrested or convicted of a crime, your record will likely appear on a background check. Also, some criminal defense lawyers offer free consultations to discuss your case and whether you are eligible for a dismissal or expungement.

Criminal law can be complicated, and the laws vary from state to state. If you have questions about your criminal record, it's important to speak with a state attorney who is familiar with the laws and the legal process in your state.

Also read: How to Choose a Federal Criminal Defense Attorney: What You Need to Know

The time it takes to get your case dismissed or expunged depends on the jurisdiction that you are in and the kind of crimes you committed or were accused of.

In most jurisdictions, you will be required to wait a specified amount of time before you can file for dismissal or expungement. For example, in Texas, you must wait at least five years before filing for an expunction. Other jurisdictions may have similar requirements. Therefore, it is important to check with your local courthouse to see how long you need to wait before filing for either dismissal or expungement.

In addition, the court may require you to file additional documents or attend a hearing before they dismiss or expunge your record. This means that the process could take even longer than expected. For example, in Texas, if your attorney files a motion for expunction and an affidavit explaining why he believes it is appropriate for his client's record should be expunged, the court must schedule a hearing within 30 days of receiving this request from your attorney. At this hearing, both parties will have an opportunity to present evidence about whether any information should remain on your record or not.

Once you have filed the necessary paperwork, the court will set a hearing date. At the hearing, the prosecutor will have an opportunity to object to the dismissal or expungement of your record.

If the judge grants your request, your criminal record will be sealed from public view. The process of sealing your record is different from expunging it. When your record is sealed, it means that the public will not have access to it. However, there are some exceptions. For example, sealed records can still be accessed by law enforcement agencies and government officials. In addition, if you are applying for a job that requires a background check, your sealed record may still be accessed by potential employers.

If you are granted an expungement, your criminal record will be permanently destroyed. This means that the public will not have access to it and it cannot be accessed by potential employers.

Also read: What to Do If You Have Been Charged with a Federal Crime: A Guide

Having your criminal record dismissed or expunged can provide many benefits. A dismissed case means that the charges were dropped by the State Attorney's Office (SAO) and never prosecuted. You can tell prospective employers, schools and others that you have never been arrested or charged with a crime. A dismissed case will not appear on your criminal background check unless it was expunged. 

An expunged case means that the SAO has sealed your record so that it cannot be viewed by anyone except law enforcement for official purposes (i.e., when running a criminal background check). A person with an expunged record may still be asked about arrests that did not lead to convictions, but he/she has the right to refuse to discuss them.

As we have discussed above, expungement and dismissal are two different outcomes that one could receive after a federal offense. It is important to know what each status does and does not mean before your case begins.

Federal crimes are serious offenses that come with lifelong penalties. If you have been accused of a federal crime, it is important to contact a federal criminal defense attorney with legal specialization in this area as soon as possible. Your attorney will be able to review your case and determine what the best course of action is for you.

At the Law Office of Rolando Cantu,  we have experience defending clients against federal charges. We will work diligently to get you the best possible outcome in your case. Contact us today for a free initial consultation.