Expunctions after a dismissal or no-bill help to clear your record after you have been wrongfully charge of a crime. Expunctions are intended to give relief to innocent people who seek to clean their name.
This category of expunction is the most complicated. It is used for people who are indicted and subsequently their case is dismissed. Or, cases that are no-billed by the grand jury, cases refused by the prosecutor, or never filed by law enforcement.
To Qualify for Expunctions After Dismissal or no-bill
To qualify you must first meet three criteria:
- You must have been released and the case can no longer be pending;
- The offense can not conclude with a conviction; and
- There could not have been any community supervision for any offense out of the arrest (other than a class C misdemeanor).
Category to Apply
After these three criteria are met, you must show that your case fits into one of the following categories:
- The statute of limitations has run;
- The waiting period has passed; or
- The case was dismissed for specific reasons.
These categories are in place to establish that no portion of the case is still pending or could be reopened. Expunctions after dismissals or no-bills are for issues such as a mistake in the evidence or a mistaken identity.
In some instances, it appears that the court still has discretion to deny the expunction. This means that even though you meet the above criteria, the court still has to approve your expunction.
Conclusion
Expunctions are different from a non-disclosure. Expunctions are for very specific situations. A non-disclosure has a wider use. If you feel that you may qualify for an expunction after a dismissal or a no-bill. Make sure you have a professional review the documentation prior to filing the paperwork.
