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AR15.COM
1/25/2010 11:35:45 AM EDT
Lets say I do something stupid and get charged with a Class 1 Misdemeanor. My fault whatever, they allow me to turn myself in, and I do the same day. They book me I go in front of the magistrate, and they release my on my own recognizance. I go to court and the prosecutor and lawyer come up with a bullshit deal which I tell the prosecutor to politely shove it up his ass. They come back with another deal, and I give them same answer. Finally prosecutor and judge decide to continue my case until this march at which point the charges will be dismissed as long as I stay out of trouble. No biggy fair enough everyone goes about their lives.

My questions are 1st. If the charges are dismissed what happens to my Arrest Record? Can I apply to have the arrest stricken from my record since they prosecution could never actually prosecute me for the offense? Lastly can they come back at a later date and charge me again?
1/25/2010 11:42:32 AM EDT
[#1]
You need a lawyer, not an LEO.

It's called an expungement, and the rules for when and how you get one vary from state to state.
1/25/2010 11:43:36 AM EDT
[#2]
Yes, you still have an arrest record.

Yes, you can petition to have the record expunged.

If the charges are not dismissed with prejudice they have a year to refile charges.
1/25/2010 11:46:32 AM EDT
[#3]
you lost me at they release my on my own recognizance


this really happen  ?
1/25/2010 11:46:33 AM EDT
[#4]
Thank You. 50 days from now this whole stupid thing will be over with.
1/25/2010 11:48:15 AM EDT
[#5]
Quoted:
Thank You. 50 days from now this whole stupid thing will be over with.


OK..   now we want details.


did she deserve  the beating ?   i mean did you ask for mayo and she made the samich with mustard ?


details...   or we fill in our own details.  
1/25/2010 11:49:51 AM EDT
[#6]
Quoted:
you lost me at they release my on my own recognizance


those this really happen  ?


Believe me I was as suprised as you are. Apparently if you have a completely clean past, no record of any sort, they sometime will. Also helped I had 2 prosecutors, and a couple of local lawyers trying to get the whole thing dropped before they booked me. It didn't work, but I guess it was apparent I wasn't going anywhere, and would face the music.
1/25/2010 11:51:54 AM EDT
[#7]
Quoted:
Quoted:
you lost me at they release my on my own recognizance


those this really happen  ?


Believe me I was as suprised as you are. Apparently if you have a completely clean past, no record of any sort, they sometime will. Also helped I had 2 prosecutors, and a couple of local lawyers trying to get the whole thing dropped before they booked me. It didn't work, but I guess it was apparent I wasn't going anywhere, and would face the music.


thats all fin eand dandy .  

but GD requires details.




go ahead..   you type now .


1/25/2010 11:51:56 AM EDT
[#8]
so lets say you DO get it expunged.  for purposes of job applications, security clearances and other crap, do you admit to being arrested?
1/25/2010 11:52:29 AM EDT
[#9]
I posted back in August about it in detail. Had an ND in my townhouse. Round went thru 2 walls into another townhouse. Got arrested, got released, waited 4 fucking months to go to court, and then had it continued until March 13th when charges will be dismissed.

Now just trying to get my shit together to apply for an expungment of the charges, as I was attempting to get a job as a LEO instead of going to mortician school before this whole shitstorm occured.


ETA I would admit to it, I'd rather be honest and have it known, rather than them finding out during a background check or some other reference check.
1/25/2010 11:56:00 AM EDT
[#10]
Quoted:
Quoted:
you lost me at they release my on my own recognizance


those this really happen  ?


Believe me I was as suprised as you are. Apparently if you have a completely clean past, no record of any sort, they sometime will.


Many people do not realize it, but when you get a traffic ticket (at least in Texas), your signing the ticket is a "personal recognizance bond".

It simply means that they are willing to just "take your word" that you will appear in court in the appointed day.

Of course, if a person refuses to sign the ticket, they are "refusing to give a personal recognizance bond", and will be taken to jail to post a cash bond.

1/25/2010 12:05:21 PM EDT
[#11]
Did not know that. Learn something new everyday.
1/26/2010 7:59:50 AM EDT
[#12]
Quoted:
you lost me at they release my on my own recognizance


this really happen  ?


More often than not...in my area, they'll release even the worst guys on an ROR from time to time. Every few years theres a big push to cut down on the jail population, and the judges get pressured to ROR as many folks as possible to keep the jail headcount down. The old head of our county legislature was  a big leftist who thought that no one should be in jail pre-conviction, and he wanted a lot of convictions to have some sort of treatment rather than incarceration imposed.