can my lawyer who had got my case dismissed get my case expunged

by Bernita Collins 7 min read

If it was dismissed, you could get it expunged. See an attorney. You may check the status of your charge (s) on the SC Public Index at this web address http://www.judicial.state.sc.us/casesearch/ Be aware that some Municipalities do not have their records posted on this site.

Full Answer

What happens to a felony charge on a dismissed case?

While it’s certainly possible to get your case dismissed, and you may even be able to have the charges dropped before the case goes to court, doing so will require the assistance of an experienced criminal defense attorney. Failure to close your case properly could leave the door open for someone to reopen your case in the future.

How to expunge a charge that was dismissed?

By getting the case dismissed he got the case closed. Different jurisdictions have different laws about expungement. Where I worked a dismissed case or a not guilty verdict could be expunged right after the case closed and at a cost of, if I remember correctly, $25, while a guilty verdict could only be expunged after a year or more and an investigation.

What does it mean if a lawsuit is dismissed?

Expungement is not automatic. Paperwork must be filed. I often have people who thought the case would automatically be expunged after the case was dismissed. Not true. You or your lawyer must file the paperwork. Sometimes the court clerk or the attorney filing the paperwork may make a mistake. These mistakes can be corrected easily enough and the case can still be …

Who can see my criminal record after it is expunged?

Nov 24, 2018 · The good news: You can do something about it. In most cases, you can expunge a charge that was dismissed before you even went to trial. That means it's like your arrest never even happened. How to Expunge a Charge That Was Dismissed. Contrary to popular belief, a dismissed charge doesn't just disappear from your record.

What Exactly Happens When a Criminal Case is Dismissed?

When a criminal case is dismissed, then it is over with no finding of guilt or conviction. Legal action has been terminated and the state is not mo...

Who Can Dismiss a Criminal Case?

The prosecuting attorney and the judge are the only ones with the power to dismiss a criminal case. Because the prosecutor filed the charge, they a...

Can a Dismissed Case be Reopened?

It depends. If prosecutors dismissed the case “without prejudice,” they can refile charges any time before the statute of limitations has expired –...

If My Case Gets Dismissed Will I Still Have It On My Record?

Yes, unless you take additional action. Many people wrongly believe that if their case is dismissed then it automatically comes off their record. T...

What does it mean when a case is dismissed with prejudice?

When a case is dismissed with prejudice, it’s closed for good. Neither party can reopen the case at a later date, and the matter is considered permanently resolved. On the other hand, dismissing a case without prejudice leaves ...

How long does it take to clear a criminal record?

To clear your record, you’ll have to request an expungement. The process typically takes 4 – 6 months, and is best handled with the assistance of an attorney.

What happens if you breach protocol?

Breach of protocol – prosecutors and law enforcement officials are bound by strict protocol during an arrest, booking, interrogation, bail hearing, or pretrial activities. When your rights are violated due to a breach of protocol, this may serve as grounds to dismiss the case against you. Inadmissible testimony – the most popular example ...

Who is the prosecuting party in a civil case?

In civil cases, the prosecuting party would be the individual or organization that filed the lawsuit. The victim in a criminal case may influence a prosecutor’s decision to voluntarily dismiss a case, but the decision ultimately rests with the prosecutor.

What happens if a jury fails to deliver a unanimous verdict?

When a jury fails to deliver an unanimous verdict, the defense may file a motion to declare a mistrial. The judge may ask the jury to take additional time to deliberate and attempt to reach a verdict, but if it becomes clear that an unanimous verdict is out of the question, the judge will declare a mistrial.

Can you get your case dismissed?

While it’s certainly possible to get your case dismissed, and you may even be able to have the charges dropped before the case goes to court, doing so will require the assistance of an experienced criminal defense attorney. Failure to close your case properly could leave the door open for someone to reopen your case in the future.

Private Company Data Mining

The most common problem is that private companies who sell public records over the internet or who do background checks for companies mine the data from the courthouse while the case is pending or before it can be expunged.

You Have Applied for a Job That Requires a Check of Confidential Law Enforcement and FBI Records

Expungement of public court records is only one step in the expungement process and is good enough for most people. To expunge private confidential law enforcement and FBI arrest records you or your lawyer need to file a special request with the FBI after the Court expunges the case.

Error by You or a Bureaucrat or the Attorney Filing the Expungement Documents

Expungement is not automatic. Paperwork must be filed. I often have people who thought the case would automatically be expunged after the case was dismissed. Not true. You or your lawyer must file the paperwork. Sometimes the court clerk or the attorney filing the paperwork may make a mistake.

How to get an expungement from a criminal record?

Wait for your file to work through the court system. If the court agrees to expunge your dismissed charges, you'll receive a certified expungement petition that clears everything from your record.

How to get a charge expunged?

In order to expunge a charge that was dismissed, you must: 1 Qualify for expungement 2 File an expungement petition with the court in the right county 3 Wait for your file to work through the court system

What does the AOC do?

Then, the AOC will forward the information it has, plus your petition, to the court. The district attorney gets a chance to object to your petition.

Do you have to file an expungement petition?

Working with an expungement attorney means you don't have to file the petition yourself. Your lawyer will handle that for you. If you have documentation that proves you paid your court costs, fines and restitution, bring copies to your attorney – they might be necessary.

Can you get an expungement if you have a felony?

You only qualify for an expungement of dismissed charges if you don't have a felony conviction. That goes for other states, too – so even if you have a felony conviction in another state, you're most likely ineligible for expungement.

What happens if a criminal case is dismissed?

If a Criminal Case Is Dismissed, Does It Stay on Your Record? If you’ve ever been charged with a crime, you know how scary a situation that is. Whether your case went to trial or not, just being charged with a crime can be an ordeal, even if the charges were later dropped or dismissed. But if your criminal case is dismissed, ...

What does expunging your record mean?

Expunging your record means the charge will be permanently removed from all records. Generally a case must have been fully dismissed in order to qualify for expunction, and there are strict guidelines for eligibility.

Who is Brian Tillman?

Brian Tillman is a professional, caring and experienced attorney. He has acted on behalf in 2 cases and both times he fought to get me plea agreements that were much better than I would have expected.

What does it mean to have a clean record?

When people refer to a "clean" record, it depends whether you are talking about criminal convictions or being charged with a crime in the first place. One has to do with the case's outcome, and the other has to do with whether you were ever accused of criminal behavior, regardless of how it turned out.

What happens when a record is sealed?

When your record is sealed, it is no longer viewable by the general public. They are not removed or destroyed, but only specific state entities and official personnel can access them. Nondisclosure does not hide your information from law enforcement, state agencies or licensing boards. They are allowed to access but not disclose it.

How helpful is Brian?

Brian was extremely helpful with handling my case. He is polite and friendly. He seems like he genuinely cares about you. I can't recommend him enough. Thank you Brian for all your hard work.