Was caught in 2011 shoplifting stole under 10 dollars or so and did not go to court right after and had a bench warrant, took care of that went to court. Officer did not show and it became dismissed with out prejudice. Over 2 years ago
Yes, you could, but it's extremely difficult. There are only a few attorneys that even attempt these types of cases. You'd either have to show that the charge never occurred, or that it has a high impact on your life/career.
29-3-8.1. Petition to expunge arrest information.
A. A person may petition the department to expunge arrest information on the person's state record or federal bureau of investigation record if the arrest was for a misdemeanor or petty misdemeanor offense and the arrest was not for a crime of moral turpitude. If the department cannot locate a final disposition after contacting the arresting law enforcement agency, the administrative office of the courts and the administrative office of the district attorneys, the department shall expunge the arrest information.
B. As used in this section:
(1) "expunge" means to remove a notation of an arrest placed on a person's state record or federal bureau of investigation record; and
(2) "final disposition" means a final outcome following arrest, including nolle prosequi, a dismissal, a decision to not file charges, a referral to a pre-prosecution diversion program, placement on probation or imposition of a fine.
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