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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 111654
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I was arrested and charged for Assault of my ex-wife in 1988.

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I was arrested and charged for Assault of my ex-wife in 1988.

After the court proceedings, I was ordered to pay fine and attend a family violence workshop all of which I did complete, and returned to the court. The case was dismissed.

It was my understanding that after all those processes, it would not be placed on my record. To my greatest amazement, it still shows up in my criminal record.

What should I do to expunge this record?
If the case was dismissed that does not mean it was automatically expunged, but you need to go to the clerk of court's office and ask them for a form to expunge the dismissed case and they will give you one to file and you do not need an attorney to do so. When you file the motion to expunge, the court will then issue an order to expunge and the record will be removed, but it is still available for law enforcement and certain state agencies to see.


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Customer: replied 5 years ago.
You mentioned that the State and other agences could still have the information after it is removed, what is the essence of the expungement?
The purpose is that is not visible to the general person or employer conducting a background check (although some companies doing backgrounds can get old records and then you have to give them proof it is expunged and they will remove it from their background checks). Certain government agencies still have a right to see records as do law enforcement, but dismissed cases are not to be held against someone in denial of any rights or benefits.
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