Why Is Expungement Better Than Just a Dismissal?
For first-time offenders, navigating the legal jargon that comes along with a criminal charge can feel overwhelming and scary. So when lawyers and judges start talking about expungements being better than a dismal, it’s essential to understand why.
Expungement Vs. Dismissal: Which Is Better?
Understanding the difference between an expungement vs. a dismissal will help shed light on why one is better than the other.
A Dismissal is when your case is dropped before conviction. A case can be dismissed for a variety of reasons, such as lack of evidence, lack of jurisdiction, the statute of limitations has passed, or unlawful search and seizure,
After your case is dismissed, the entire case file and arrest record remain open to the public. Essentially, the charge remains on your record, which can show up on background checks and affect your possibility of landing a job to receiving college scholarships.
An expungement is a legal process of destroying or removing any record of your arrest for public consumption. The public can access no description of your arrest or the case. This allows you to pursue life as you were before the charge.
The most important criterion of expungement is you were never convicted of the crime. Other situations that allow for expungement include;
- Finding of Not Guilty (FNG)
- Stricken Off with Leave to Reinstate (SOL)
- Non-Suit Nolle Prosequi (Nolle)
- Finding of No Probable Cause (FNPC)
- Supervision 710-1410 Probation
Expungements can’t happen instantly; some waiting periods are required. Waiting Periods range from 120 days to five years, depending on the charge and particulars of the situation. In addition, almost all expungement petitions require the defendant to pass a drug test within 30 days of filing the petition.
Should I File An Expungement Or A Dismissal?
If you’ve been charged with a crime, contact Fay, Grafton, & Nunez immediately. We offer complimentary criminal consultations to help you build the most robust case possible. After hearing the details of your case, we’ll be honest about your chances of a dismissal or expungement. Once hired, we do the heavy lifting of filing motions to ensure we can minimize this charge and you can move on with your life as soon as possible.