Criminal Charges Dismissed When a criminal case or charge is dismissed, it means one of two things in most cases. A Dismissal is a Positive Outcome A dismissal is a positive outcome for those who have faced criminal charges, as it always appears more favorable for those considering you for employment, housing, or education opportunities when they see that you were not convicted of a criminal offense.
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View More. Orlando Criminal Defense Lawyers. Justia Law Firm Website Design. You were convicted of an infraction or a misdemeanor and received a sentence other than probation. You may petition for a dismissal if you were convicted of an infraction or a misdemeanor and were sentenced to anything other than probation.
You must successfully complete all terms of your sentence and wait at least one year from the date of entry of judgment in your case to apply. Your conviction will not be dismissed if you are currently charged with or serving a sentence for another offense. You were convicted of a felony and sentenced to county jail. You may petition for a dismissal if you were convicted of a felony and were sentenced to county jail. If your sentence included mandatory supervision, you must wait at least one year after completing all terms of your sentence to apply; if your sentence did not include mandatory supervision, the waiting period is two years.
You were convicted of a felony and sentenced to state prison. You may petition for a dismissal if you were convicted of a felony before October 1, , were sentenced to state prison, and now, under California's current laws, your conviction would be eligible for sentencing to a county jail. You must wait two years after completing your sentence to apply.
Your conviction will not be dismissed if you are under supervised release or currently charged with, on probation for, or serving a sentence for another offense.
If you were convicted of a felony and sentenced to state prison under any other circumstances, your conviction is not eligible for a dismissal. You may instead request a Certification of Rehabilitation a court order declaring that a person has been rehabilitated and pardon from the governor.
Neither a Certification of Rehabilitation nor a pardon erases or seals a criminal record. You completed a diversion program. After successful completion of a diversion program, you may petition to have your record sealed. This is much better than the alternative. You can also provide a legal copy of the expungement to prove that you do not have an active conviction on your record. So how do you actually get a conviction expunged from your record in Los Angeles? In California, there is a step-by-step legal process to do so, although it can take a bit of time.
After this process is complete, your case can be dismissed and the conviction will be removed from your record. There are some convictions that cannot be expunged in Los Angeles. These criteria must be met in order to get a conviction expunged from your record. Even then, there is always the chance that the judge will not overturn your conviction. If you are currently charged with a crime, on probation for a criminal offense, or serving time, you will not be eligible for any expungement.
If you have been convicted of a sex crime towards children, you will not be eligible, either. It generally takes between 90 and days to fully overturn a conviction in Los Angeles. Results are not guaranteed. And, there are also issues of the final disposition of your case to address, that may or may not do permanent damage to your record. It is important to understand the difference between a dismissal and an expungement. Here is what you need to know:. Also, there will be a history of your arrest.
After a dismissal, your case file and arrest record is still public record.
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