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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 38237
Experience:  17 years practicing criminal defense.
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My son had a misdemeanor charge that was dropped in 2013. We

Customer Question

My son had a misdemeanor charge that was dropped in 2013. We were told there was no need to have it expunged since he was never charged. Now it showed up on a background check for a job he applied for. Do we need to go ahead and have it expunged so that this does not happen again? Or will it always show up on a background check?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes and ordinances and type out an answer or reply, but rest assured, I am working on your question.

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When you say that the charge was "dropped", do you mean that the charge was actually dismissed by the judge?

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Or was he never actually charged with a criminal offense?

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Is this showing up as an arrest for a misdemeanor?

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Has son gotten a copy of his criminal background check to see exactly what it says?

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In order for something to show up on a criminal background history, the person would have to have been arrested for an offense or actually charged for something because otherwise there is no formal entry..

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thanks

Barrister

Customer: replied 1 year ago.
He was arrested. He was never actually charged with anything. A minor passenger riding in my son's car had pot and drug paraphernalia. My son was arrested because it was his car and the drugs were found in the car. The minor passenger admitted the drugs were his and he was also arrested.
So my son was never charged with anything. He had to attend a drug class in order for the charges to be dropped, which he did.
It is showing up as a misdemeanor arrest I believe. I have asked him to get a copy of the background check.
At the time, I had called the police dept. to ask how to get his mugshot taken down and was told it would take some time but it would be removed. I then asked about getting it expunged and was told that wasn't necessary because he was never charged. Can we get the arrest record expunged?
Expert:  Barrister replied 1 year ago.

So my son was never charged with anything. He had to attend a drug class in order for the charges to be dropped, which he did.

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This statement conflicts with itself.... In order for a charge to be dropped, it has to be placed against someone. So he had to have been charged with something in order for something to be dropped and the court to have jurisdiction to order him to attend a drug class.

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I think you mean that he was never "prosecuted" for anything because it was dismissed on condition that he attend a drug class..

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So this is going to boil down to what exactly happened here. If he was arrested and charged and then it was dismissed, then he can file a motion to have the charge expunged so as to wipe it off his record. But if it was simply an arrest with no charge being filed against him (which I don't think it is) then he is stuck because you can't get an arrest expunged, only a dismissed charge or a minor conviction charge.

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He needs to get a copy of his criminal background check to see what it actually states. If it states he was charged and then it was dismissed, he can get the entry expunged.

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thanks

Barrister