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  1. #1

    Default Do Criminal Charges Stay On Your Record After Dismissal

    so i'm 17 and on St. Patties day, during the parade, me and my friends were caught by two cops for having a beer in our hands.
    they talked to us and they had to cuff us and take us to a precinct because my friend didn't have any ID on him.
    they took all our stuff, and even put us in a holding cell...
    they let us out after like 15 minutes and they gave us back everything and wrote us up two pink summons, one for underage drinking and another for open container.. would this count as an arrest? they did not take fingerprint or pictures, they just wrote some info down on a card.
    we have to appear to court in 2 months.
    so i was wondering if i were to get lucky and my case were to get a dismissal of the cases would these appear on my record?
    i have an absolute clean record, and it would really suck if my future would be ruined because of this...

  2. #2
    Join Date
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    Default Re: Will This Be on My Record Even if Dismissed

    Yes, this counts as an arrest. If the charges were to get dismissed, then no conviction would appear on your criminal history. However, there will still be a record of the arrest. Most employers, colleges, etc. may never see that record…but if the application asks about ARREST history, the only truthful answer would be “yes.” If they do more than a superficial criminal history check, it will show up.

    But, what gives you hope that the charges might get dismissed?

    Your future is not going to be “ruined” due to this incident. Obviously, it will have a negative impact that will have to be countered with positive accomplishments. But, many many people have overcome far worse black marks and gone on to have successful and accomplished lives.

  3. #3

    Default Re: Will This Be on My Record Even if Dismissed

    so even if my juvenile records were to be sealed, this would constantly follow me throughout my life?

  4. #4
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    Default Re: Will This Be on My Record Even if Dismissed

    That depends...What state are you charged in? Providing that the offense is adjudicated in a juvenile court, it is possible that the conviction record can be sealed and not subject to disclosure. However, the existance of a juvenile record MAY still show up in a criminal background check. The details may be sealed, but a note that a record exists may show. A potential employer (or whoever is conducting the background) may ask you to disclose any prior arrest history. If you deny any arrest history, then they discover that a juvenile record exists, they may view that as dishonesty on your part. But, like I say, it varies from state to state. Tell us where you are and maybe someone here can advise you on the specifics for that state.

  5. #5

    Default Re: Will This Be on My Record Even if Dismissed

    it happened in NY,
    New York Criminal Procedure Law 160.50 permits the "sealing" of cases where charges were dismissed, vacated, set-aside, not filed, or otherwise terminated. Otherwise, New York does not allow expungements, or "sealings," of cases where a conviction was entered, except for some older controlled substance, marijuana, and loitering offenses. Sealing a record under 160.50 will prevent the public from having access or seeing the records, including fingerprint cards, photographs, court entries, and other information related to the case. The record may still be made available to some entities, such as courts and law enforcement.
    New York also permits the expungements of non-criminal dispositions (violations and traffic infractions, such as disorderly conduct) through New York Criminal Procedure Law 160.55. Misdemeanor[citation needed] and felony adjudications are not eligible.
    Effective 2009, New York Criminal Procedure 160.58, a petitioner convicted of most felony drug, marijuana, or Willard non-drug eligible crimes may request to have their records for those crimes sealed if they successfully complete DIVERSION, DTAP, or a similar substance abuse treatment program recognized by the court. The sealing will also extend to up to three of the petitioners misdemeanor drug convictions.[citation needed]
    thats wat wikipedia says...and i'm relying on it..
    i don't know if i should worry so much about it because even the cops said it won't go on our record and shouldn't be a problem

  6. #6
    Join Date
    Jun 2006
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    Default Re: Will This Be on My Record Even if Dismissed

    Ask the cop where he went to law school.....

  7. #7

    Default Re: Will This Be on My Record Even if Dismissed

    Matter of Daniel C., 2008 NY Slip Op 1206: Alcoholic Beverage Control Law 65-c is a violation and not a "crime" within the meaning of Penal Law 10.00(6) because that Penal Law section defines the term "crime" as a misdemeanor or a felony.

    Read more: I got issued a summons for underage drinking (65C) in NYC. - JustAnswer http://www.justanswer.com/criminal-l...#ixzz1pbMkbUFJ
    if it's just a violation it won't go on my record right?

  8. #8
    Join Date
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    Default Re: Will This Be on My Record Even if Dismissed

    Quote Quoting cbg
    View Post
    Ask the cop where he went to law school.....
    As a note, most attorneys I know have no idea what is or is not included in one's CORI. I never went to law school, yet I provide instruction in this to those that have. Police officers might have a better idea of what goes into a CORI than most attorneys because the cops actually use the information. Going to law school does NOT tell you how criminal records are maintained. The best way to know is to either be properly trained in NCIC and the relevant state and local systems and laws, or to work around them long enough to have a working knowledge of what one finds in them.

    Also, what defines a criminal record can vary. While the OP might not have a state criminal offender record for a "violation," a local record might exist. So, when one asks about their criminal history, it helps to be a little more detailed as to what kind of history, or for what purpose.
    A Nor Cal Cop Sergeant

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    And a croissant!"


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    Love mercy,
    Walk humbly with your God

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  9. #9
    Join Date
    Jun 2006
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    Massachusetts
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    Default Re: Will This Be on My Record Even if Dismissed

    Carl, you are an exception. We've seen plenty of posts here, however, from posters who were given incorrect information from cops. I don't question your basic premise, here; my focus as an HR person is employment law and I've seen plenty of lawyers give incorrect information about employment law if their practice happens to be real estate law or criminal law or international law. But I don't think the poster can assume that this is guaranteed "not to go on his record" just because the cop said so, either.

  10. #10
    Join Date
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    Default Re: Will This Be on My Record Even if Dismissed

    A local record is maintained for violations.

    It is possible for them to be detected in background checks.

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