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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16542
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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how can i get a dispostion on an old case

Customer Question

 

 

I had a misdemeanor (domestic violence) ticket. It was an argument and the person I was with wanted to make more of it. I could get a disposition from her, notarized. When I went to court the DA did not pick it up. How do I get a disposition on that case? It is on my FBI readout and I need to know what it was so I can get a clearance.

Submitted: 4 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 years ago.
I picked up your other thread and asked for information so I could assist. I've since found this one which is a bit more helpful but still is not entirely clear.

By "the DA did not pick it up" are you saying that the DA failed to prosecute the matter? "Pick it up" is not a term with any legal significance. I realize that you don't want this showing on your record, but unless you can tell me why it's still there, I cannot tell you how to address its removal. What, if anything, did happen with the case?
Customer: replied 4 years ago.
on the FBI read out it has the charg but no outcome. i am useing slang. it was not prosecute.
Customer: replied 4 years ago.
i am at work right now. i have the read out at home. i will reply with the information off the FBI report latter today. i only have 18 dollars in my account right now. i get payed on the 5th. i will be happy to post a little more then . will i still work with you?
Expert:  Zoey_ JD replied 4 years ago.
Hi,

Yes, you'll still be working with me. I have enough to answer your question. We can do it all on one thread since it's the same issue on both. I'm going to have breakfast and then compose my answer, which you can read when you get home.
Customer: replied 4 years ago.
thank you. have a good breakfast and a warm day.
Expert:  Zoey_ JD replied 4 years ago.
zee man,

A notarized letter from the complainant as to how this matter ended really wouldn't have any legal significance where it counted. A letter from the DA stating that the case was nolle prosequied (dismissed by the state for failure to prosecute), on letterhead and with the DAs seal, would be proof that this case is closed and is not a conviction against you.

However, you will want it off of your RAP sheet altogether, which would be the best and most direct solution to your problem. You should be able to get the matter expunged (erased) so that it cannot be seen in a background check.

There are lawyers who specialize in Pardons and Expungements, but this is also something that a former defendant can do for himself, unless he tries and feels it's over his head. California has thoughtfully provided a self-help center for those who wish to apply to get something removed from their record. I have provided you with a link to the site. You will find all the directions and forms you can download there.

If after you look the site over, you feel that your chances of success might be better if a lawyer did this for you, you could get a low cost one-time 30-minute consultation with an expungement lawyer by contacting the California Bar Association's referral service. They license lawyers in the state so anyone they'd refer you to would be a member of the state bar in good standing, and you could retain him thereafter to do the job for you, though you'd be under no obligation to..

Good luck.

_____

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.



Edited by FranL on 11/1/2009 at 2:59 PM EST

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