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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23526
Experience:  Active member of the NYS bar since 1989
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I was arrested possession charge in 1999, I completed drug

Customer Question

I was arrested for a possession charge in 1999, I completed drug court as the court required. I just noticed on my record that the final deck on by prosector put in for a order for dismissal, but that doesn't show it was actually dismissed. This is in Idaho, and am I too late to file for a actual dismissal of this charge. I feel like it should show a dismissal of the ccharge?
Submitted: 11 months ago.
Category: Legal
Expert:  Zoey, JD replied 11 months ago.

Hello,

I agree with you and this, hopefully, is just an error on your criminal history. If you successfully completed Drug Court, your matter should have been dismissed and your history should reflect that. But no, it is not too late to look into the matter and get the record corrected.

Start with the clerk and let him look in the court papers and see if the order was granted. If so, he can tell you what to do in order to correct your record. If not, you can petition for the actual dismissal. You're entitled to it.

Customer: replied 11 months ago.
How do I get the papers to order the dismissal
Expert:  Zoey, JD replied 11 months ago.

I don't know that you need anything and neither do you. That's why you have to start this process with the court clerk.

What you want may have already been done and/or everything you need to do it should be with your court papers. If not, he should have the forms that you would need to get the case in front of the judge. Your lawyer should be able to assist, and so, for that matter, could the DA since you're a Drug Court graduate and they'd have those records.

Customer: replied 11 months ago.
I still shows on a he repositories y, which everyone can see that there is still just a motion for dismissal. My public defender is now a very high end attorney, so would not be able to go to him.
Expert:  Zoey, JD replied 11 months ago.

I understand that, but it doesn't change my answer.

Start with the clerk. Then, if necessary, call your old lawyer. As a courtesy to you, he may want to clean up a mess that happened on his watch, if it turns out a mistake was made. If he won't do it without a fee, call the public defender's office. An attorney from their office is still the attorney of record on your case. They can assign another public to correct this for you since the defender organization would be considered one law firm and any of their lawyers can pinch hit for each other. Again, the prosecutor's office may also be able to assist, since their records would show that a dismissal was called for.