If Charges Are Dropped, Is It Still on Your Record?

The legal system is complex, and many people don't fully understand how the process works. If you are wondering, "If charges are dropped, is it still on your record?" Yes, normally. But is not a straightforward yes or no. Several factors determine whether the charges will stay on your record or not.

The dismissal of criminal charges can be a significant relief for anyone accused of a crime, providing some level of closure. However, people often wrongly assume that a case dismissal leads to a clean record and that they can move forward without legal issues. Unfortunately, it's not that simple. In this blog, we will dive into the various scenarios in which charges can be dropped and what it means for your record.

• What Does It Mean When Charges Are Dropped?
• Being Charged Vs. Being Convicted
• Expunctions and Nondisclosure Orders
• Eligibility for Expunctions and Nondisclosure Orders in Texas
• Does It Stay on Your Record?
• Conclusion

What Does It Mean When Charges Are Dropped?

When charges are dropped, it means that the prosecutor or state attorney has decided to end the criminal case against you. There are several reasons why this might happen:

• Insufficient evidence: The state may not have enough evidence to prove that you committed the crime, beyond a reasonable doubt.
• Witness issues: Witnesses may refuse to testify to other victims: In some cases, the alleged victim may refuse to cooperate with the prosecution, making it difficult to move forward with the case.
• Plea deal: In some cases, charges may be dropped in exchange for a plea deal where the defendant agrees to plead guilty to a lesser offense.
• Procedural issues: If proper legal procedures were not followed or evidence was obtained illegally, the case may be dismissed.

Also read: Do Arrests Show Up on Background Checks?

Being Charged Vs. Being Convicted

To understand how case dismissal affects your record, it's crucial to differentiate between "being charged" and "being convicted." Many job applications inquire about past criminal records (including arrest records) and ask if a person has ever been convicted of a crime. If you were previously charged with a crime and not convicted (i.e., the case was dismissed), you could answer no to the question. However, if you are asked whether you have ever been charged with a crime, you would have to say yes.


When a police officer arrests someone, they write a report that includes the person's name, birthdate, driver's license number, photo, and fingerprints. All of this information is documented and kept. When the case is filed with the court, all the details become a public record. If everything works out, and the case is dismissed, the court enters a dismissal of the charge, the case is closed, and the records are stored. Even though you were not convicted, the records still show that you were accused of something bad, and they remain on your record unless you take legal action.

Expunctions and Nondisclosure Orders

Expunction or Nondisclosure is the legal remedy for clearing up any type of criminal record. Each can be used in specific situations to keep the public from doing a criminal background check about your past. Our criminal defense lawyer can help you file an order to get your record expunged with the court, which means the charge will be permanently removed from all records. Generally, a case must be fully dismissed to qualify for expunction, and there are strict guidelines for eligibility. There is also a required waiting period after your discharge before the expunction may be filed. Your Texas criminal defense attorney can help you determine whether you meet the eligibility criteria for expunction and whether the required time has elapsed.

If you don't meet the criteria for expunction, you may still qualify for an order for nondisclosure. This is commonly referred to as "sealing" the record. When your record is sealed, it is no longer viewable by the general public. They are not removed or destroyed, but only specific governmental agencies like state entities and official personnel can access them. Nondisclosure does not hide your information from law enforcement, state agencies, or licensing boards. They are allowed to access but not disclose it. It does mean, however, that private employers, background checks, and apartment leasing agents won't be able to view your record. It has essentially been "sealed" from the public. To see whether your case qualifies for an expunction or nondisclosure order, speak with your criminal attorney.

Related: What Happens When a Criminal Complaint is Filed Against You?

Eligibility for Expunctions and Nondisclosure Orders in Texas

Some common scenarios where an expunction or nondisclosure may come into play are:

• You were arrested but never formally charged or indicted.
• You completed a pretrial diversion program
• You completed deferred adjudication or deferred disposition.
• Your case was dismissed outright, or you were acquitted (found not guilty).
• You or someone else was arrested after your identity was stolen.
• You were had criminal convictions but later pardoned.

If you want to clear up your criminal history, it's critical to understand that a case dismissal does not always lead to a clean slate. Dismissed cases remain part of the record, even if they don't lead to a conviction. This fact can deter employers from hiring you and even landlords from renting you a property. They might still view you in a bad light because you were charged and arrested even if the case was dismissed.

Expunction or Nondisclosure should be considered the best approach if you wish to clear your criminal record once and for all. While you may not always be able to get an expunction you can benefit in some scenarios from sealing your record through a nondisclosure order. Thus, you should consult a criminal defense lawyer who will be able to establish the proper course of action in your case.

Does It Stay on Your Record?

Even though charges have been dismissed, they will in all certainty reflect your criminal record. This record is kept by the police force and may contain information concerning arrests, charges pressed against one, or convictions.

An arrest record will reveal the arrest even if the person was not charged or if he was acquitted. What this means is that whenever you have been arrested irrespective of whether you were never charged, or charges were dismissed, this will reflect on your criminal record. Some states allow one to expunge or seal the arrest that did not lead to conviction after having spent some time.

Related: How Far Back Do Criminal Background Checks Go in Texas

Conclusion

Although charges have been dismissed, they will in all certainty reflect your criminal record. This record is kept by the police force and may contain information concerning arrests, charges pressed against one, or convictions.

Going to court for criminal charges is usually very stressful, but having charges dismissed can be rather liberating. But as always one has to remember that even though the charges were dismissed they can still be reflected on one's record and can negatively impact your life. Consulting an attorney who has specialized in the defense of criminal charges is also very advisable when determining your chances of record expungement. Regardless of expunction or nondisclosure, moving to clear the criminal record will bring about a significant positive change in life.

The Law Office of Rolando Cantu can assist you in navigating the legal system and finding the best possible outcome for your case. Remember, a dismissed charge does not necessarily mean that it will be erased from your record, so it's important to take proactive steps to clear your name. Don't let a past mistake hold you back from a bright future – seek legal help today. Contact us and get your free consultation.