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Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31022
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have a straight forward question. I broke up with my girlfriend

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I have a straight forward question. I broke up with my girlfriend and it was a bad breakup. We argued but I never threatened her and she never threatened her. I just want to let things go and move on. However, I am somewhat concerned that she might make things up because she is bitter. What if she were to make up a story that I threatened her? I mean of course there is no evidence or witnesses since it never happened but if she made up such a story would she be able to cause trouble for me even though nothing happened? Or would the fact that she can't prove it (since if she said that it would be made up) mean that I have nothing to worry about if she does that?
If she can't prove anything, you have nothing to worry about. Bear in mind she could file charges against you, but if she can't prove them, you should not be concerned.
Customer: replied 6 years ago.

So if she was to file charges, since she can't prove anything (because I didn't do anything) would the charges be dropped and never appear on any kind of record not even appearing as that charges were filed and dropped? In other words, would the case go nowhere? Would no prosecutor go forth with the case thus it wouldn't appear on any record?

Yes, if the charges are dismissed, they won't show up anywhere.
Customer: replied 6 years ago.

I only question that because I was charged with a DUI once but the case never saw a courtroom and the charges were dropped (.054 blood alcohol level) but the record still needed to be formally expunged. As I understand it in Florida, you can expunge records only once in your life. If you don't expunge the records they show as you having been charged but in that case they showed as dropped. Since they have been expunged they don't show up anywhere. I know that this expungement can only happen once in a lifetime. Would this be different because with no proof (since I didn't do anything) this wouldn't need expunging because no charges would be filed or would it be the same as showing charged but dropped? I am most likely worrying too much as it is more likely that she wont do anything but I am only asking because she is unpredictable. Thanks for your help.

No problem. If you are ARRESTED, there will be a record of that on the NCIC criminal check for government agencies - this is the same with an expungement (it is never totally erased). However, an arrest will not show up on a general background check for a job, etc.

 

If the case is dismissed, or even if you're found not guilty, it will not be held against you.

Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31022
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Customer: replied 6 years ago.

I do have one final question. As far as I understood any charge against you such as an arrest WOULD should up on a background check unless expunged. That is why I went through the process of expungement and paid the costs associated with it. Are you saying that if I am NOT arrested such as a prosecutor wouldn't touch this case (is that true?) since there is no proof, because nothing happened, THEN it wouldn't show up. Unless I totally misunderstood, because I was arrested for the DUI it WOULD show up on a background check such as for a job and THAT is why I had it expunged (even though I was found not guilty for the DUI.) Do you mean to say that if charged but NOT arrested it wont show up? Do you mean that no prosecutor would touch this case since there is no evidence? I believe that saying that it wouldn't show up if I am arrested may not be true, otherwise why did I need to get the expungement for a case in which I was arrested but the charges were dropped? Thank you for your extra help!

If there is no arrest, no record would be generated if the charges are dismissed.

 

If there is no evidence, this case should go nowhere - if she were to file.

 

An arrest would only show up on government checks, not on general background checks done by employers, schools, etc.

Customer: replied 6 years ago.

Simply put, if she were to file, with no evidence, a sane prosecutor wouldn't touch it, correct? I know I have asked extra questions but I am very thankful for your help! This is my final question. Thanks. It's been a pleasure working with you!

I think you're right. A prosecutor is not going to push a case that has no proof.
As a Florida licensed attorney, I wanted to elaborate a little further on what the previous expert said. First, I agree 100% with his statement that a prosecutor is not likely to push a case with no evidence -they have far too many serious cases to waste time, so it is doubtful you have anything to worry about.

The previous expert is also correct in that even when a record is expunged, the record never truly dissa, though it can only be disclosed in very, very limited circumstances (such as where a person is applying for admission to the Florida Bar).

With respect to if your girlfriend did file a charge or you were arrested, there would be a record of this. Florida has a broad public records law. All arrest records and court documents (unless sealed) are public records pursuant to chapter 119 of the Florida Statutes. A public record means that the documents comprising the record are open to public inspection by anyone. That also means an employer could find the records in a background search if they searched court records (many don't). If the charges were dismissed, or no charges were filed, this would be reflected in the record -for instance "Arrest -no charges filed."
Customer: replied 6 years ago.

However, if she was to try to file charges, something that I doubt but has concerned me because you never know, would the prosecutor not follow trough on this meaning that there would be no record or would there be a record of the fact that she tried to file charges? In other words, if someone attempts to file charges but the prosecutor will not accept the case because there is no evidence, then in that case would there be no record or would one exist that she tried to file? Thank you very much for your answer. This is my final question.

If she talks to the prosecutor's office and they decline to move forward, there should be no record of it at all.

Hope that helps!

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