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Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 544
Experience:  Attorney at Law Offices of Khaled Issa
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How do i get proof of a case being dismissed after

Customer Question

how do i get proof of a case being dismissed after expungement?
Submitted: 3 months ago.
Category: Criminal Law
Expert:  Legal-Kal replied 3 months ago.

Good afternoon:

My name is ***** ***** I would be happy to provide general information regarding your question.

May I ask, have you received an Order (which is a document with a judge's stamp/signature) showing that your petition to expunge was granted?

Customer: replied 3 months ago.
it was expunge by Marsha B*** in 2002. And yes she gave me proof of expungement. I lost it over time. The places I have went to tell me it don't exist anymore.I need a document showing the judge that dismissed it. Can I still get this? If so How do I do it?
Expert:  Legal-Kal replied 3 months ago.

This is tricky. Most likely, the answer is "no."

This is because when a criminal case is expunged, the Clerk of the Court and SLED are ordered to remove and destroy all references to the arrest/criminal charges. This means that after the Order is granted, the case file is physically destroyed (which includes all the documents in the file, including the Expungement Order).

If there is no criminal file because it is destroyed, then it is impossible to obtain information from the file.

The only option that you may have is to contact the Clerk's Office where the case was heard. If the Clerk's Office maintains expungement orders in a separate area/file (that is not accessible to the public), then they may have a copy. However, while this is an option, it would be a long shot because under law, once an expungement is granted, the file and any reference to the file must be destroyed.

Questions on this? If so, please ask and I would be happy to answer further.

If not, please remember that experts are not employees of JustAnswer and do not get credited for taking the time to provide information to individuals until they click ACCEPT and rate the assistance (just the assistance and not the state of the law, as we have no control over that). Your cooperation in this regard would be greatly appreciated!

Customer: replied 3 months ago.
The judge that dismissed this case also handled a similar case against me 5 years later.That judge sign the search warrant for a case that went federal. The allegation of the past charge was included in the search warrant. Would the federal government have a copy of the prior dismissal?
Expert:  Legal-Kal replied 3 months ago.

When it comes to expungements, if an expungement is granted, it is only good for the state. This means that the state is ordered to physically destroy the records in the case. The federal government is NOT required to remove any arrest/criminal record pursuant to a state issued expugement order.

What this means is that the federal government will maintain the record of the arrest. They may also have the record of the case with a notation that it is expunged (I stress "may").

However, the federal government is not required to release individual arrest history to other individuals. They may decide to comply with a request if the person is requesting his/her own criminal history. However, they are not required to comply.

Yet, you can still give it a shot as the worst that can happen is they say "no."

Here is a link to some information regarding the process of obtaining a federal criminal history (called Identity History). You will have to scroll down to the bottom titled "Identity History Summary Check"

Expert:  Legal-Kal replied 3 months ago.

I see you have read my response.

I hope this has been of assistance to you. If you have no other questions, remember to click accept and rate the assistance three stars or higher as expert here assist individuals as their income and not as a hobby.

Thank you.

Customer: replied 3 months ago.
Are you willing to represent me on this case. You can call me(###) ###-####and can tell you more. Thank You. Craig
Expert:  Legal-Kal replied 3 months ago.

Unfortunately experts here are not allowed to represent individuals with questions here. All we can do is provide general information. Anything other than this would be against JustAnswer rules and protocol.

Also, it looks like you are just seeking records or information as to your expungement. That being said, there is no real need for "representation" as all you apparently have to do is submit the form or request to the FBI.

If you are still seeking an attorney, you can contact one in your area and they can inform you as to whether or not they can represent you (again, since there is no court appearance required and all you have to do is submit a request, representation would not necessarily be needed).

Also, please inform me if you are having any technical difficulties in accepting the answer and rating the assistance provided. This is the only way experts can be credited for assisting.

Expert:  Legal-Kal replied 3 months ago.

I must close this question out as it does not appear you will be accepting my answer.

Expert:  Legal-Kal replied 3 months ago.

Please remember that experts are not credited until the individual clicks ACCEPT and rate the information provided.

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