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  1. #1
    Join Date
    Feb 2015
    Posts
    7

    Default Does a Case Dismissed Mean the Charges Are Dropped

    My question involves criminal law for the state of: California

    Hello everyone,
    I have a few questions regarding the dismissal of a case.

    1) I was wondering if when a case is dismissed by the prosecutor does this mean all charges filed against the supposed "criminal" are dropped?

    2) If one was to apply for a job in the near future, would a background check reveal the fact that the individual has been charged with a crime?

    3) I was under the impression that a background check would only reveal the fact that there was an arrest; however, I have also heard that only government run agencies can see if there is an arrest on a person's record.

    Is this true?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Does a Case Dismissed Mean the Charges Are Dropped

    Quote Quoting futurel
    View Post
    My question involves criminal law for the state of: California

    Hello everyone,
    I have a few questions regarding the dismissal of a case.

    1) I was wondering if when a case is dismissed by the prosecutor does this mean all charges filed against the supposed "criminal" are dropped?
    If the matter is dropped by the prosecutor - i.e. he has opted not to file charges - the prosecution generally has the ability to file again, later. This is not uncommon in cases where follow-up is required and the prosecution does not want to run into any speedy trial issues that might force them to put on a case prematurely.

    At what phase in the process was the matter dropped?

    2) If one was to apply for a job in the near future, would a background check reveal the fact that the individual has been charged with a crime?
    If the DA filed charges with the court, the court records will reflect that. if an employer checks local court records, they will find it. Likewise, if you were arrested, the arrest record at the county jail is public record and any job that requires a criminal history check MAY reveal that arrest (generally only done for law enforcement related positions or security clearances when it comes to arrests without a conviction).

    3) I was under the impression that a background check would only reveal the fact that there was an arrest; however, I have also heard that only government run agencies can see if there is an arrest on a person's record.
    Court records and local bookings are a matter of public record.

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