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On a background check does a "dismissed" imply a prior conviction?

San Diego, CA |

if there is an arrest and then a dismissal does that imply a conviction or could that mean a "not guilty" judgment?

Attorney Answers 5

  1. Cases can be dismissed for insufficient evidence without first suffering a conviction. That would not automatically mean "not guilty", although I suppose that is entirely possible. If there is an arrest, conviction and then a dismissal it probably means the court agreed to expunge the conviction.

  2. No it doesn't. If it says "Dismissed Pursuant to 1203.4" then it does, but just a notation of "Dismissed" does not suggest a conviction occurred per se.

  3. A dismissal can happen for various reasons. However a dismissal is NOT a conviction and it is not a not guilty verdict.

    I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California matter. Please call my office at 619-238-1905 or visit my website at

  4. Dismissal does not mean there was a conviction and it does not mean not guilty.

    Of course, every DUI case is different and you should consult an experienced DUI defense attorney in your area with questions regarding your specific case. It is always in your best interest to have a good DUI attorney represent you when you have been arrested for a DUI.

  5. depends if it was dismissed pursuant to PC 1210, 1203.4., etc.

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

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