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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 15928
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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if the county court says a class d felony d.w.i. case was

Resolved Question:

if the county court says a class d felony d.w.i. case was dismissed do I
have a felony on my record?
Submitted: 9 months ago.
Category: Criminal Law
Expert:  AlexiaEsq. replied 9 months ago.
Hi, my name is XXXXX XXXXX X thank you for your inquiry. I have been practicing Criminal law for 19+ years and look forward to assisting you.

Can you clarify at what point in the criminal system you were at, when this dismissal occurred? What had transpired so far?
Customer: replied 9 months ago.

case dismissed on December 22 1994
nothingtranspard

Customer: replied 9 months ago.
Relist: Answer came too late.
Expert:  Zoey_ JD replied 9 months ago.
Hello Jacustomer,

Are you still looking for an answer to this? If so, the answer to your question is "yes."

Your RAPS will show you were arrested for a felony that was dismissed. In order to get that off of your record, you would have to be able to get an expungment. The dismissal alone will not remove it without your taking action to get it off your record.

Missouri's expungment laws are fairly strict. If yours was an adjudicated dismissal (you had to complete a sentence first) then the arrest and dismissal cannot be removed. If on the other hand, you were wrongfully arrested and as a result there's no basis to believe you actually did commit the crime, then you can get it removed.

You can see the requirements for expungement here.

Hope this offers you some guidance.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 15928
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and 3 other Criminal Law Specialists are ready to help you
Customer: replied 9 months ago.

I was arrested 11/25/94 casewas dismissed on12/22/1994 was convicted


7/10/95 I was sentenced to 30 days incounty jail on week ends and 5yrs.


supervised probation completed successfully. Why does it say dismissed?

Expert:  Zoey_ JD replied 9 months ago.
Hi,

I'm trying to figure out how you can be convicted of a case in July of '95 that was dismissed in 94.

Is there more than one case here? Or was one count of the felony dismissed but you took a felony or misdemeanor plea to what remained? Or was yours a deferred adjudication? ( After you finished your probation requirements successfully, the charge could be dismissed).
Customer: replied 9 months ago.

I cant figure that out my self. But that's what it says.

Expert:  Zoey_ JD replied 9 months ago.
Hi,

Where did you find the information that you're seeing?
Customer: replied 9 months ago.

attorney genral of Missouri ( chris koster )

Expert:  Zoey_ JD replied 9 months ago.
Hi,

I would only be guessing at why your record shows this apparent lack of chronlogy, but that it shows anything at all means that my intial answer was correct. That is, whether your matter was dismissed or not, it can't go away unless it can be expunged.

Missouri doesn't expunge much. This would have to be an absolute dismissal based on innocence to get this off of your record as I indicated in my original answer. I don't see how this can be a dismissal based on innocence if there was a conviction. But you certainly should want to know whether your case actually resulted in a dismissal or a conviction.

I would go to the clerk of the court where your case had been pending and ask where you can get an official copy of the disposition of your old case. Every county has something like that in case you have to prove with an official documours.ent how your case ended up. In my state, they call it a certificate of disposition, and they may call it something different in yours, but that's what you want to see.

Failing that, you need to get printed and get the official copy of your state RAP sheet, since that should let you see exactly what is on there and exactly what someone else would see when a background check is done. You can get your official state and Federal RAPs from the Missouri State Highway Patrol. (See link)_

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