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Case was dismissed, but court system hasn't updated case status. Reasons for delay?

Sacramento, CA |

Hello,

Just a few weeks ago, I had felony drug posesssion charges dismissed, thanks to a successful evidence supression. However, I've been routinely checking in with the court staff, and my case status still hasn't updated in their system. This concerns me because I am currently applying for jobs, and I don't want a prospective employer to perform a background check and see I'm still involved in a criminal case (that was really dismissed)

Any reasons why this is being delayed? My PD told me that the DA has up to 60 days to appeal the decision, but we're confident that won't happen. However, does that still mean that I have to wait 60 days until my case status is properly updated? What should I do in the meantime for my employers? Show them my minute order from my last hearing?

Attorney Answers 3


  1. The dismissal occurred and should be reflected in the court file. Is the dismissal a "final judgment"? Not necessarily, but that does not mean that the clerk's office should withhold accurate information about your case status. You might want to take your minute order to the clerk's office and find out why this is taking so long. While you're there, get a couple of "certified copies" of the minute order reflecting the dismissal so you can show them to employers if necessary.

    Note that even if the DA does not appeal, he can still refile the charges if it's a felony. However, the evidence that was suppressed by your motion stays suppressed. The only way a new filing could go the distance is if the DA obtained evidence against you from sources completely independent of those already suppressed.


  2. If your motion was granted pursuant to PC 1538.5, the People have 30 days to seek a writ of mandate or prohibition overturning the decision. If the whole case was actually dismissed the People have 60 days to file an appeal. It may be that the clerk is waiting for one or both of these periods to run although if that is the case the procedure being followed is incorrect. Your dismissal should be recorded in your case file at the Court.


  3. The clerk is waiting for the 60 days to run.

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