court dismissal?
i've heard many people tell me that a case that was dismissed from court is still on ur record and that u can have that part of ur record exspunged or sealed from public view. i'm not sure if these things are true(shit house lawyers) my main concern is the interference of job opportunities. for instance....i'm looking to pursue a job with the us postal service. i have military time so i hope it counts for something, but i have a dismissed assault by pointing a gun on my criminal record. i feel that if the case was dismissed there was some good reason for this dismissal. if i'm not convicted then arent i still innocent of the crime. like the court says "innocent until proven guilty" not innocent until proven guilty but if ur case is dimissed its better to think ur guilty than let u be innocent...is there anything i can do in order to keep my chances of getting a job anywere
Public Comments
- i KNOW that you have to go to court and only a judge can take something dismissed off your record but I THINK that it has to be a misdemeanor and i'm pretty sure that ANY gun crime is a felony so, call your lawyer.... or talk to your county attorney
- It depends on why it was dismissed. Did the court dismiss it? Or did the prosecution attorney? Because if the prosecution attorney dismissed the charges, it usually means that they didn't think there was sufficient evidence to convince a reasonable jury to convict you (i.e. they didn't think they could win). If the court dismissed it, it could be on a technical ground (violation of right to speedy trial, etc.). So, the file will show that the case was dismissed (probably "in the interests of justice") but it will still show up. You can see if the case in its entirety can be expunged, but that is usually difficult. Talk to the attorney who represented you in court (could have been the public defender) and see what he/she can do. You may have to hire an attorney to clear this up and see if you can get a "declaration of factual innocence" (assuming, you are innocent).
- If your case was dismissed then you shouldn't have a criminal record. However, what you do have is an arrest record, and some companies will actually search for those. As far as the postal service and that being a Federal job, I can guarantee that you won't get hired with even an arrest. Pointing a gun at someone shows mental instability, and that is the LAST THING, the post office needs...someone that can't keep their "cool" under pressure. Not one time in your post did you say it was a crime you didn't commit. Just like OJ Simpson, just because you were found not guilty or that your case was dismissed, doesn't mean you weren't guilty.
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