A dismissal is the termination of a court action or case verdict, or the act of voluntarily ending a lawsuit by either party. There can be some confusion surrounding whether or not dismissals appear on background checks. Here, criminal defense attorney Jeffrey Scholnick explains what a dismissal is and whether or not they show up on background checks.
What are Grounds for Dismissal?
A criminal procedure, or one of its causes of action, can be dismissed if a judge rules that the lawsuit or charge can be legally ended; a dismissal can also occur if a plaintiff settles the case. A dismissal with prejudice can be described as a dismissal in which a conclusion has been reached and cannot be refiled, while a dismissal without prejudice has the possibility of being reopened. In addition, a dismissal with leave means that there is the opportunity to refile, while a dismissal without leave means that there is not an opportunity for a party to refile.
Do Dismissals Show Up on Background Checks?
Even though your charges may have been dismissed in court, they are not automatically removed from the Maryland Judiciary Case Search. Unless criminal charges have been expunged or sealed, you should be prepared for the possibility that a dismissed case will show up on a background check. Dismissals and not guilty verdicts typically appear on background checks; however, dismissed charged often indicate innocence, as you were not charged guilty under the guidelines of the law, so a dismissed case on your record may not necessarily impede you from employment, housing or other life opportunities.
Are There Any Ways Dismissals Can be Cleared From Background Checks?
There are a few ways to prevent a dismissal from appearing on your record. Your criminal defense attorney may be able to work out a deal with the prosecutor to prevent you from being charged and developing a criminal record. If you already have a dismissal on your record, there are methods you can follow for potentially sealing or expunging your record so that your dismissal is permanently removed or not visible. Speak to a criminal defense attorney, such as Jeffrey Scholnick, to learn more about this process.
Discuss Your Rights with Criminal Defense Attorney Jeffrey Scholnick
If you are facing criminal charges, it is essential to have an experienced criminal defense attorney on your side to make certain that your rights are protected and the best outcome is ensured. If you have further questions about the intricacies of dismissals, or if you have been charged with a crime and require a dedicated criminal defense attorney by your side, contact The Law Offices Of Jeffrey Scholnick today.