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My case was rejected in court. Does this mean the charges have been dismissed?

San Diego, CA |

I was arrested under California Penal Code 243.4

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Attorney answers 2

Posted

No. It means the prosecutor in your case is not filing charges at the moment. The prosecutor can decide to charge the case anytime within the statute of limitations. Depending on the conduct involved, the statute can be anywhere from one year to life. I practice in San Diego County and am aware of how both the District Attorney and City Attorney operate. In a case involving a sex crime, the prosecutor may hold off charging in order to develop the case and acquire additional evidence. So you're not out of the woods yet. You should consult with a local defense attorney to see what can be done to ensure the case remains "rejected."

Posted

A dismissal only happens after charges have been filed, so if your case was never filed, it wasn't "dismissed" but just not filed.

If no charges were filed, the arrest will remain on your record, but you do not have any conviction to disclose on most job applications. If you feel you were wrongfully arrested, you can try to get this removed completely from your record through a petition for factual innocence under Penal Code 851.8. That's the only way to clear something off your record.

Asker

Posted

its been 14 months since my arrest and no charges have been filed. i do believe that i was wrongfully arrested. Can i get a copy of my arrest record? Will the court release one to me?

Joseph Briscoe Dane

Joseph Briscoe Dane

Posted

If you're really interested in looking into the 851.8 petition, speak with a local criminal defense attorney. You'll have to obtain the police report (no, the court doesn't supply that) and file a formal motion in court. These aren't typically do-it-yourself situations.

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