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

Asked over 1 year ago - 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. Denis Hurley White Jr

    Contributor Level 13


    Lawyers agree

    Answered . 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. Graham Douglas Donath

    Contributor Level 11


    Lawyers agree

    Answered . 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. William Peter Daley

    Contributor Level 17


    Lawyers agree

    Answered . 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... more
  4. Mark K Rosenfeld

    Contributor Level 15


    Lawyers agree

    Answered . 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... more
  5. David Philip Shapiro


    Contributor Level 18


    Lawyers agree

    Answered . 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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