How long can the prosecuter bring charges back after they have been esponged?

Question

i had charges dropped on me so that i could go into the guard but they still show up on the fbi record. now i can't get into the guard because of the charges. can the prosecuter bring the charges back up on me

Answer 1

You have to be more specific - "dropping of charges" isn't a legal term, and I can imagine several different circumstances under which your case was "dropped" but not comepletely finished.

If you were arrested, but the prosecutor declined to bring charges, he may not be blocked immediately from changing his mind.  many cases are "deferred" because needed evidence isn't available.  The deadline would be set by the "statute of limitation" specific for your offense.

If you were arrested, and the DA filed a complaint against you, there are times when he can't go forward immediately.  The deadline then becomes the deadline of your right to "a speedy trial".  Again, this is specific to your charges.  In NY, it's 3 months for a misdmeanor, 6 months for a felony.  These deadlines can be extended by the DA's simply saying that he;s ready for trial.

The most obvious form of dismissal is the prosecutor's motion to dismiss the case (with prejudice) because they admit they can't prove the case beyond a reasonable doubt.

WHAT YOU SHOULD DO - go to the court in which your case was pending and ask for a certitication of the disposition of your case - if it says dismissed (and is sealed by the court) you should be home free.  Make sure to have your ID and as much information as needed to identify the case.

good luck

Answer 2

if they were esponged then no i do not think they can

Answer 3

Like trooper stated, only convictions are expunged from your record.  If the DA dismissed the charges it would depend on how they were dismissed.  If charges are dismissed with prejudice, they can never be refiled, if they were just dismissed without prejudice, they can be refiled.

Answer 4

The term is Expunged. You're question doesn't make it clear, Expungement & dropping are two seperate things. Expungement can ONLY happen after CONVICTION, where as dropping can occur at any time BEFORE conviction. At conviction the charges have been "ajudicated" or "decided by the court" and the deffendant has been found guilty, there are NO charges to "bring back". So you'll fit into one of three senarios:

#1- You've been convicted and that the conviction was removed from your public criminal record.

http://en.wikipedia.org/wiki/Expungement

"Generally, expungement is the process to "remove from general review" the records pertaining to a case. In many jurisdictions, however, the records may not completely "disappear" and may still be available to law enforcement."

#2- The charges were dropped WITH predjudice. In this case either the judge or the prosecuter drops the charges AFTER Double Jepordy has attached. These charges can't be refiled, but will stay on your record.

#3- The charges were dropped WITHOUT predjudice. In this case either the judge or the prosecuter drops the charges BEFORE Double Jepordy has attached. These charges can be refiled up to the Statute of Limitations.

- David

Answer 5

An expungement only happens after a conviction.Sounds to me like the case was dismissed, not expunged.

When charges are dismissed, they are with or without prejudice. With prejudice means the case is closed. Without prejudice means the prosecutor can refile the charges at a later time, right up to the statute of limitations.

Most employers only look at convictions, not arrests. However, in the case of the US Military, and any other government job requiring a security clearance, they can consider an arrest, even if you are not convicted.