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When a case is dismissed, is there ANY thing that is kept in the courts' records, or is EVERYTHING erased?

New York, NY |

I have been falsely accused of terrible things by my ex. I can prove I didn't do these things and that they are lies. After 4 court dates the DA still isn't ready, and will never be since I never did these things. The case will be dismissed. After the case is dismissed will there be any records of any of this? Of my arrest? That I've been attacked in court?
If there are still records after the case is dismissed, even though I am innocent, then I will attack that person in court for all this, and will prove my innocence ( I have evidence). After I am found innocent and proven that the person lied: Will these records be erased then?

Attorney Answers 2

Posted

Assuming that the criminal case against you is dismissed, you will be entitled to a sealing order under Section 160.50 of the Criminal Procedure Law. I have provided a link to the statute for you to look at.
http://codes.lp.findlaw.com/nycode/CPL/TWO/H/160/160.50

Once the criminal case has been dismissed against you, you may consider filing a malicious prosecution lawsuit against your ex. Whether it will be worth the time and money for you to do that is something that you will have to determine.

Good Luck

Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney.

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Posted

Dismissed cases don't get erased, they get sealed. There are certain excpetions to the sealing statute - applying for a gun permit or applying to be a police officer to name 2.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

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1 comment

Asker

Posted

So, even though the case will be dismissed, it will still show up on my records? How will I make sure that everything is erased? Not only will they not have any proof I did anything, but I DO have proof of my innocence. It is extremely frustrating that I can't talk to the judge and prove everything before the DA is ready. I know the DA will never be ready since I didn't do anything. Why would they keep this on record when the case is dismissed? If I sue for malicious prosecution, and of course win the case, will the records be erased then?