As the defendant accused of a crime, the best thing you can hope is for your case to get dismissed and charges dropped, thus avoiding a long and costly trial. The judge may dismiss the case due to lack of merit or evidence to warrant prosecution.
However, if you are found guilty of a non-violent offense (e.g. fraud, embezzlement, bribery), or are a first-time offender, the judge may put you on probation, which—in the end—can result in a dismissal.
What does it mean to be placed on probation?
Probation is granted when the facts relevant to the crime and its gravity suggest that the probationer does not pose a serious threat to society and that lengthy imprisonment is not a reasonable punishment. If you plead guilty to a charge, a judge may grant you probation.
As a condition of probation you may be required to serve a jail sentence as well as other conditions, such as paying a fine. The judge may suspend a jail sentence all together. This means that the Court postponed judgment of incarceration for a time, allowing you to serve your sentence out of jail in relative freedom.
If you do conform to all probationary terms and steer clear of trouble, you can withdraw your guily plea and enter a plea of “not guilty” once the probationary period is complete.
Petition to Have Case Dismissed
However, completing probation does not mean your slate is wiped clean. In order to have your case “dismissed,” you must file a Petition for Dismissal. A criminal record expungement attorney from a Sacramento firm can petition to clear your record by obtaining a dismissal of the charges.
Your expungement lawyer in Sacramento will gather all the necessary information relating to your case. It is important that all pertinent details are presented to the judge to ensure the dismissal of your charges.
You will need to present to the judge details about you and your case, proof that you conformed to all probation terms, e.g. counseling, house arrest, and followed the prohibition against alcohol, carrying a weapon etc. Letters of reference and other documents in support of you may help persuade the court in granting you a favorable decision.
What Does “Case Dismissed” Mean?
In California, if you were previously convicted of a crime, but later recieve an expungement, your case is considered “dismissed.” From a legal standpoint, “case dismissed” means it is as though you were never convicted.
Expunging your past records in this way can also help you with private employment, certifications, and loan eligibility. After your case is dismissed, you will not be required to disclose this case to most potential employers.
However, if you seek government employment or licenses, you will have to disclose the charges, but you can note that you’ve faithfully served your probation and that the judge has granted you an expungement, or, a “dismissal.”
Contact The Chastaine Law Office for Help Obtaining a Dismissal
Consult with an experienced expungement attorney, such as those from The Chastaine Law Office to find out if your records qualify for getting your case legally dismissed.
Contact us online today or call (916) 932-7150 to learn more!