A dismissal can be described as a formal ending of a court case where a court finds that there’s insufficient evidence or facts to support the conviction, or finds another basis on which to to end that case. A dismissed charge can’t be re-initiated. Once dismissed, the case is considered expunged or erased. Dismissal brings a complete closure, and it’s assumed that a dismissal is always done with prejudice. One of of the most common way of getting a dismissal is by getting a not guilty verdict during trial. However, there are some other ways of getting your charges dismissed, even after the case is scheduled to be nolled.
Nolle prosequi (pronounced as null pross) is similar to the dismissal, however, it basically allows the charge to be re-initiated or brought back at a later date. Nolle prosequi is actually a latin term which means not prosecute. Most times prosecutors will request a null prosse in situations where they might realize that their facts or evidence is weak, or in cases where they are trying to be more lenient.
Effects of Having a Criminal Record
A criminal record basically refers to accounts of previous charges or convictions which a person might have. In case a person has had prior convictions, it’s often said that they’ve a criminal record. A criminal record can have many negative effects on many aspects of a person’s life. Even if you only have a single prior conviction, it can still have some adverse affects on in your life. A criminal record can actually create lots of difficulty in the future, for instance, landlords, employers and loan lenders usually ask apartment seekers, job applicants and loan seekers whether they’ve ever been arrested or convicted of a criminal offense. Employers may not hire, loan lenders may not lend, and landlords may not rent to those who answer yes to these questions.
Many people tend to brush off misdemeanor convictions as being not that serious. They might quickly plead guilty so as to avoid the publicity and expense of a trial, thinking that the misdemeanor wont affect them. Unfortunately, any criminal conviction can have dire and long lasting consequences. Everyone should be well aware of the many negative impacts of a conviction before pleading guilty or accepting a plea agreement. If you are are convicted of any violation or crime, regardless of just how serious it is, you will have a criminal record. The record will haunt you wherever you go. In case you are subsequently convicted of another offense, you might be considered to be a repeat offender. Even if you are innocent of the 2nd charge, you might be advised not to testify during trial if this criminal record can be brought up.
Having a criminal record usually hinders employment with some employers who tend to have a blanket policy against hiring anybody who has a criminal record. Other employers might have policies which prohibit applicants who got certain kinds of convictions, like crimes which involve violence, fraud, dishonesty and theft.
-Every employer has the right to conduct a criminal record background check before or even after hiring.
-If the employer decides not to run the background check, or does not ask whether you’ve a criminal record, you’re not required to disclose any information about your past criminal history; the law actually allows you to withhold any information about past convictions except in some circumstances. However, the law is different for the State and Commonwealth offenses.
-Once you’re employed, the employer doesn’t have a general right to inquire as to your particular criminal status, unless your type of employment is subject to such regulations, or you have a contract which requires ongoing disclosure.
-A criminal conviction might affect your professional license. Many jobs usually require one to maintain certain set ethical standards. Some of these jobs include, but not limited to; positions in the governmental offices, lawyers, teachers, nurses, among others.
What is Expungement?
Expungement (also known as expunction) can be described as a court ordered process where the legal records of a criminal conviction are erased or sealed in the eyes of the law. Every single state has enacted various laws which allow people to have arrests and convictions expunged from their records. Although the details may vary from 1 state to the next, many states’ laws usually provide that once a conviction or an arrest has been expunged, it should not be disclosed, including to landlords, loan lenders or potential employers.