When a Case is Dismissed, is it Automatically Removed From the Record?
No, it does not completely go off your record. It will always show that you have been charged even if it’s dismissed, unless you get what’s called an expungement. An expungement will wipe your record clean of even the charge, and the only situation when you are eligible for an expungement are when the charges are dismissed without any terms and conditions on the record.
If the judge ordered you to do community service in order to get the charge dismissed, then you would not be able to have that charge later on expunged. But if your attorney tells you to do community service, then we present that community service to the prosecutor and then they dismiss the charge, then that charge later on would be eligible for an expungement because there was not a term or condition on the record. The charge was dismissed because of the homework that we had you do but since the court did not order you to do it, you would be eligible for an expungement later on.
Are Penalties Harsher For Drugs Like Cocaine, Meth, or Heroin?
The way you handle the case is relatively the same, but yes, the penalties do become more stringent when you are dealing with the harder drugs such as heroine, meth, or cocaine. When you are dealing with possession of these drugs, you would still be eligible for a first offender program with a possession of those drugs. However, our recommendations stay the same; we try to avoid having our clients do that first offender program because then, they would not be eligible for an expungement later on.
This is why we develop our plan of action for people, having them do their homework assignments, because these are the types of things that the court likes to see. They could still potentially allow the person to have their charge dismissed by completing those assignments but we still attack the cases the same, we’re still looking for the same issues in regards to the stop, search and seizure of a person or their vehicle. We’re still looking for the same issues in determining whether or not they can even prove that the drug is what it is. Nothing really changes in the way that you approach the case except for the fact that there are more stringent penalties and the procedure from the court’s perspective is a bit different.
For more information on Viewing Drug Charges on a Criminal Record, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by contacting us today.