Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Can a misdemeanor c charge be removed immediately? The case…

Customer Question
can a misdemeanor c charge...
can a misdemeanor c charge be removed immediately? The case was bodily injury and it was dismissed.
Submitted: 8 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 2 hours by:
3/18/2010
Criminal Lawyer: xavierjd, Lawyer replied 8 years ago
xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3,400
Experience: Over 20 yrs experience in prosecution and defense work
Verified

Thanks for using JustAnswer.com

Was the conviction pursuant to a pre-trial diversion or deferred prosecution?

Thanks

Ask Your Own Criminal Law Question
Customer reply replied 8 years ago

i was never convicted. It's never gone to trial nor was there deferred rosecution

Criminal Lawyer: xavierjd, Lawyer replied 8 years ago

Thanks.

You should have NO criminal history.

However, a background check may still show that there was an "arrest" segment (even though you may not have been arrested, you were still booked when you were charged), and a "charge segment", meaning that you were charged with the crime.

Depending upon what state you are in, you may be able to file a motion with the court in which you were charged asking that your arrest card and fingerprints be destroyed. The reason that you can ask for that to be done is the fact that you were never convicted--in fact the charge was dismissed. There are some states, however, that don't allow this.

Even if you are able to have your arrest card/fingerprints destroyed by order of the court, the information already obtained by any private background check does NOT have to be corrected. They are not subject to the court order. However, any future company would not be able to procure the information from the court or police.

I hope you find this information useful and that you PRESS THE GREEN ACCEPT BUTTON so that I can get credit for answering the question. Thank you.

Ask Your Own Criminal Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a criminal lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask xavierjd Your Own Question
xavierjd
xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3,400
3,400 Satisfied Customers
Experience: Over 20 yrs experience in prosecution and defense work

xavierjd is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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.

NormaPensacola, 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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,248 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,181 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

2,016 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,750 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,640 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

Barrister

Barrister

Criminal Defense Law

1,266 satisfied customers

17 years practicing criminal defense.

< Previous | Next >

Related Criminal Law Questions
A coworker filed a complaint that I assaulted her 9 months
A coworker filed a complaint that I assaulted her 9 months ago. PD did not arrest me but, they did refer to the DA's office as a class C misdemeanor simple assault. The DA elected to file assault with… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I am in charge of the following item: Whoever causes bodily
I am in charge of the following item: Whoever causes bodily harm to another by an act done with intent to cause bodily harm to that person or another without the consent of the person so harmed is gui… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I am currently facing charges in kingsport court- reckless
I am currently facing charges in kingsport court- reckless endangerment felony, no helmet, no insurance, no registration, and driving on revoked lisence. I wrecked a motorcycle on a test drive from cy… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
in the state of indiana, what are the consqences for battery
in the state of indiana, what are the consqences for battery with bodily injuries for a first time offender?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
i am a 35 year old male, single with full custody of 4 children
i am a 35 year old male, single with full custody of 4 children with 1 charge on my record ( dui 3 years ago) recently had an incident at a fury fight night ... was charged with simple assault, and re… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
I got charged with domestic abuse assult and interference with
I got charged with domestic abuse assult and interference with official Acts. I was trying explain to the cop that I did not put my hands on my girlfriend and he would not listen she and charged me wi… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
In pennsylvania what constitutes assault. My ex girlfriends
In pennsylvania what constitutes assault. My ex girlfriends boyfriend attacked me with a baseball bat on my ex's property. He had been argueing with my oldest daughter and told me by phone to come to … read more
Ray
Ray
Lawyer
Doctoral Degree
33,811 satisfied customers
I was arrested for offensive touching and criminal mischief
i was arrested for offensive touching and criminal mischief in the state of delaware. i was arrested two years ago in pennsylvania for simple assult but the case was dismissed. I want to know what my … read more
Ray
Ray
Lawyer
Doctoral Degree
33,811 satisfied customers
in the state of pa if someone took a purse with 80 dollers
in the state of pa if someone took a purse with 80 dollers in it from a bar what is the charge… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
what kind of charges can be filed if you walked away from hitting
what kind of charges can be filed if you walked away from hitting someone's car and not reported it since you didnt see any damage? i live in nc.… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
WHAT JAIL TIME ARE THE FOUR MEN LOOKING AT AS I MENTIONED IN
WHAT JAIL TIME ARE THE FOUR MEN LOOKING AT AS I MENTIONED IN MY PREVIOUS QUESTION IF THEY ARE FOUND GUILTY FOR AWDWISI AS OPPOSED TO FELONIOUS ASSAULT, AND THE SEPARATE CONSPIRACY CHARGE?… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
What is the usual actual sentence for first degree assault
What is the usual actual sentence for first degree assault stemming from a DUI where bac is over.15 and a serious to another party occurred . The other party was a sheriffs deputy. The person has no p… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
i was recently charged with assault of the third degree and
i was recently charged with assault of the third degree and reckless endangerment for driving the car that an airsorf gun was shot out of and hit another persons in the arm?… read more
Lawmoe
Lawmoe
Lawyer with 20 years of experience
Juris Doctorate
2,405 satisfied customers
I am charged for Aggravated Battery Criminal Violation 30-3-5B
I am charged for Aggravated Battery Criminal Violation 30-3-5B in Municipal court the plaintiff is the Village of Magdalena… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
Ive been charged with public intoxication, disorderly conduct,
I've been charged with public intoxication, disorderly conduct, and resisting arrest, which happened during an attempted suicide. I was taken to the hospital and after being discharged, I'm now being … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
i have no record but was just charged with terrestic threat ...
i have no record but was just charged with terrestic threat and simple assault what could happen… read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,902 satisfied customers
i got a 2 class a misdemeanors that i have to go to court ...
i got a 2 class a misdemeanors that i have to go to court for, In Franconia, NH 1. Resistion Detention 2. Simple Assault what kind of penalty should i expect? fines? probation?39508.6619541667… read more
LawEnforcement4you
LawEnforcement4you
Master's Degree
20 satisfied customers
My 13 yr old son was attacked by a 36 yr old nwoman
Hello, First no a judge can not upgrade a charge after a verdict is rendered. He can in many cases order conviction of a lesser offense, but it violates double jeopardy to upgrade a charge based on th… read more
jamest
jamest
High School or GED
194 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x