If the case was dismissed, the record is sealed. I am a former federal and State prosecutor and now handle criminal defense and personal injury cases including civil rights violations. Its not clear from the facts you mentioned but if the police lacked probable cause to arrest you, you may have a civil rights violation case against them. Please feel free to check out my web site and contact me.
Although a dismissed charge should be removed from your NYS Information Sheet (your rsap sheet), arrest records linger far too often. I suggest contacting a lawyer in your area who can determine whether your NYSIS is clear, and if not, can work to clear ir up.
The quick answer is yes, your matter is now a nullity under CPL 160.60 and should not be on your criminal history. However, there have been significant errors made on client's rap sheets and I believe it is important that you check with the Office of Court Administrations and review your information which is provided to the public. The fee is $65.00 and the information you will need to order a search can be found at:
DUI DUI defense DUI as a criminal offense Blood test for DUI DUI trial DUI charges DUI arrest DUI and criminal records Out of state DUI Criminal defense Criminal charges Crimes against society Probable cause and criminal defense Defenses for criminal charges Criminal arrest Criminal court Criminal record Civil rights
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