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?
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.
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.
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!
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).