How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Roger Your Own Question

Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26143
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Type Your Criminal Law Question Here...
Roger is online now
A new question is answered every 9 seconds

I have a straight forward question. I broke up with my girlfriend

Customer Question

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?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Roger replied 4 years ago.
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 4 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?

Expert:  Roger replied 4 years ago.
Yes, if the charges are dismissed, they won't show up anywhere.
Customer: replied 4 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.

Expert:  Roger replied 4 years ago.

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: 26143
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 3 other Criminal Law Specialists are ready to help you
Customer: replied 4 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!

Expert:  Roger replied 4 years ago.

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 4 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!

Expert:  Roger replied 4 years ago.
I think you're right. A prosecutor is not going to push a case that has no proof.
Expert:  RobertJDFL replied 4 years ago.
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 4 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.

Expert:  RobertJDFL replied 4 years ago.
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!

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.