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What happens to the evidence once a case is completely dismissed? If the evidence is a police report based on hear say.

Saint Louis, MO |

Person is charged with being "Dangerous" - which rests on the fact that there is documented evidence that person has propensity for violent or emotionally unstable conduct. The ONLY evidence was a police report based on hearsay(officer simply choosing to talk to who he wanted to). The case gets completely dismissed WITHOUT a finding of "Dangerous". Now what happens to the documented evidence?(that is the police report). Would this documented evidence remain for the rest of Person's life and even though his case was dismissed.

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Attorney answers 4

Posted

The police report is a public record which will remain on file even if the charges are dismissed.

Asker

Posted

Yes but can it always be used against the Person, saying that there is a documented evidence against you and so you are dangerous, even though the dangerous charge was itself dismissed.

John M. Kaman

John M. Kaman

Posted

You got it!

Asker

Posted

I would assume that since the case was dismissed, the evidence is obviated. If not that means pretty much any time an officer writes a report based on hearsay, its stays for life. So in that scenario, this person is "Dangerous" for life, although the Person has no mental illness, never committed, has no criminal records and otherwise a regular law abiding citizen.

Asker

Posted

And not to mention the fact that the Charge was itself dismissed. So if someone gets charged with a crime based on "evidence", and charge is dismissed but because there is "evidence", the person will always be charged.

John M. Kaman

John M. Kaman

Posted

If the case was dismissed the person's rap sheet will show that. There will still be a police report but the rap sheet will show that the charge was dismissed.

Posted

The police report will continue to exist.

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Asker

Posted

And be used against you forever...WOW!!

Posted

Yes, it goes into dead file storage.

Posted

It will depend on what state you were tried in. In some states, including the state where I primarily practice, if a case is dismissed, then the defendant can move to expunge (purge, erase, remove) the records from that case from the public record. This would include removing from the public record arrest records, fingerprint records, and other records related to that criminal case. Check with an attorney in your area to see what the law in your state might be. If you have an expungement statute in your state, then you should move to expunge the records.