Recent News

888-986-7756

What Your Criminal Record Will Show After a Dismissal

Posted by Christopher Martens | Jun 29, 2017 | 2 Comments

The Before and After of Record Cleaning

Cleaning your criminal record can significantly improve your chances of getting a job, housing, or a loan. But doing so is an investment in your time and money, and there are no guarantees your petition will be granted. Many people want to know exactly how a dismissed conviction will appear on their record before and after the dismissal process. This is important to understand because, typically, your conviction will not be erased completely. It will still be visible to certain people and agencies and can still affect many things including:

  • Your sentencing for future convictions. Your conviction can still be held against you as a prior conviction for future sentencing.
  • Your driving privileges. Having a conviction dismissed won't necessarily reinstate your driving privileges if they are suspended as a result of the conviction. 
  • You may still be required to register as a sex offender. A dismissal doesn't necessarily relieve you of this responsibility.
  • It may not restore your gun rights. You might have to file an additional petition to reinstate your rights.
  • You might not be able to hold a public office if your conviction prevents you from doing so.
  • You will still have to disclose the conviction to any governmental employers, but you can note the dismissal

Before the dismissal, your criminal record will show the conviction and the plea or verdict that was entered. More information might be displayed, depending on the type of background check. Typically, criminal convictions cannot be reported on consumer background checks after seven years, with a few exceptions. Employers and landlords commonly use consumer background checks. Official criminal backgrounds, or “rap sheets” are compiled and maintained by the government (i.e. law enforcement agencies). These are more comprehensive but are not public record. Rap sheets are used for law enforcement and other governmental purposes.

After a dismissal, the plea or verdict will be removed, and the conviction will appear as “dismissed in the interests of justice”. You will not have to disclose this conviction to most private employers, and once your consumer background check is updated, private employers, landlords, lenders, and other private parties will not be able to see the conviction at all. Keep in mind; consumer background checks commonly used by employers and landlords might not be updated as soon as your dismissal is granted. It could take several months before the agency providing the background check updates its records. So, it is a good idea to check with such agencies before you apply for a job, a loan or rental housing to makes sure your record is updated. If a private employer happens to learn about your dismissed conviction from a consumer background check that was out of date, however, that employer cannot hold the conviction against you in the hiring process. To find out more about what is on your record meet with an attorney at our office in Visalia, California to discuss your case. 

Your official rap sheet will still display the conviction, but the dismissal will appear. Because the conviction remains visible, it can still be held against you in many scenarios. For example, your conviction can still count against you as a prior if you are facing additional criminal charges.

You should also have an attorney explain the benefits getting a conviction dismissed from your record can bring and the limitations you will face. We have an office in Bakersfield California to meet with you to discuss how an expungement could effect what is disclosed to potential employers. For example, you must disclose your dismissal to most governmental employers, and your conviction can still increase your penalties for future criminal convictions. So, if you want to have a conviction dismissed, speak with an experienced California criminal defense attorney. The expungement process can be complicated and is somewhat limited in the benefits it can provide. For many people, however, clearing a conviction from a consumer background check will make all the difference, especially when it comes to applying for non-governmental positions, rental housing, and loans. An attorney can explain these benefits and help you petition for a dismissal, giving you the best chance of having it granted.

If you are in the Visalia, Porterville, Fresno or Bakersfield and have a question about cleaning your record, The Law Offices of Christopher Martens is here to help you. California criminal defense attorney Christopher Martens will work hard to help you clean your record so your conviction doesn't hold you back. Attorney Martens has handled thousands of cases over a span of ten years of criminal defense practice and can fight hard for your rights in court. Contact attorney Christopher Martens for experienced criminal defense counsel today. Contact our office at 559-967-7386 or email us at [email protected] to discuss a possible plan of action for your case.

About the Author

Christopher Martens

Bio Christopher Martens is criminal defense attorney who has dedicated his life to helping those who have been accused of crimes or injured due to the negligence of others.

Comments

Tamera collinsReply

Posted Feb 08, 2021 at 00:51:47

I got into a fight with a boyfriend I went to jail it got dismiss will it still show up that I got arrrested or not

Christopher Martens Reply

Posted Feb 11, 2021 at 16:11:40

In California you might be eligible to have your record sealed. Please call my Bakersfield office at 661-466-2142. We would be happy to help you with your case.

Penal Code 851.8: (a) In any case where a person has been arrested and no accusatory pleading has been filed, the person arrested may petition the law enforcement agency having jurisdiction over the offense to destroy its records of the arrest. A copy of the petition shall be served upon the prosecuting attorney of the county or city having jurisdiction over the offense…..

Motion for seal of record: https://www.marincourt.org/PDF/cr031.pdf

Leave a Comment

HIRE AN ATTORNEY WHO WILL FIGHT FOR YOU

CALL TODAY FOR YOUR FREE CONSULTATION

The Martens & Brusseau Law Corporation Is Here for You

At Martens & Brusseau Law Corporation, we focus on Assault, Domestic Violence, Drug Possession, DUI, Expungement, and Juvenile Defense, and we are here to listen to you and help you navigate the legal system. Contact us today.

Menu