Many previously convicted U.S. citizens have a hard time finding a job because of their criminal record. Others face criminal proceedings which significantly affect their life even though a verdict hasn’t yet been established.
In many cases, a criminal defense attorney in Arizona can make a difference. They can provide legal aid to those with a criminal record and let them know if they are eligible for expungement. In other situations, attorneys can fight for the defendant’s case in the hopes of dismissing the charges brought against them. But what exactly is the difference between a dismissal and an expungement?
What Expungement Means
To expunge means to erase or remove altogether. In the justice system, a court can issue an expungement order for an eligible person. The individual receiving the expungement will have their criminal convictions removed from state and federal records.
Such documents can be sealed or even destroyed as if nothing ever happened. Through this, many ex-convicts will have their criminal records hidden, giving them higher chances for better job opportunities.
Juveniles are usually the most frequent category of people that are eventually eligible for expungement, while adults can also benefit from this if their offenses aren’t severe. Murder, or kidnapping, for example, cannot be erased from one’s record.
Expungement isn’t a pardon but a statement that a crime is forgotten. In some cases, if an individual applies for law enforcement job opportunities, their sealed records might be opened.
In Arizona, offenders can now become eligible for expungement for minor offenses such as possession and sale of marijuana. Since expungement eligibility differs from state to state, it is best to contact a criminal defense lawyer to learn if your particular offense might be erased from your criminal records.
What is a Dismissal
When it comes to criminal dismissal, individuals have undergone the criminal proceedings but were not convicted, as opposed to expungement, which applies to people who were sentenced. However, a dismissal is not the same as an acquittal which applies only to people who have been found not guilty.
The prosecutor or court can dismiss criminal charges before going to trial or arriving at a verdict in the following situations:
- Mistakes are present in the criminal complaint
- Loss of evidence
- Insufficient evidence
- Necessary witnesses are unavailable
- Violations of constitutional rights (lack of probable cause during arrest, illegal stops, illegal searches)
Differences Between a Dismissal and Expungement
There are several differences between a dismissal and an expungement. Some of the key differences are:
- Eligibility
- If it shows in a background check
- Who issues the order
- How it is granted (voluntarily, petition, or motion)
- If a conviction is required
The first difference between a dismissal and an expungement is eligibility. Expungement can only be applied to people charged with certain crimes or groups of individuals, such as juvenile offenders. Regarding dismissal, it can be applied to everyone regardless of who they are or what charges are filed against them.
The prosecutor or the judge can dismiss criminal charges. However, only a court can issue an order of expungement. An expungement can be granted by filing an application or petition with the court. For a dismissal, a prosecutor or the court can apply it upon a motion to dismiss.
Expungement occurs after a conviction, whereas a dismissal doesn’t require a conviction. Criminal records won’t show up in regular background checks if expunged. However, a dismissal remains in the public record. In some states, the dismissed charges and arrest records can be expunged. There are other differences between expungement and dismissal, but these are the main ones, and some occasionally differ from state to state. Contact a local criminal defense attorney to learn more and find out how they can help you.
