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dihappy wrote:

handog wrote:I was told after a two year waiting period I can try to have it removed completely. With the attorneys fee and court cost it would be about $1000.00. It's crazy.

Seriously?
I was arrested on a bogus charge and beat it in court. My attorney told me that an expungment has to be done quickly after. He took care of it, and it didnt cost any where near $1000.

There is a significant difference between the two cases. In the current case, thee is a two year wait because he has not yet been tried on the charges. While the charges have been dismissed, that might be only a temporary situation. The state has two years to prosecute a misdemeanor and might refile the charges. But, the statute of limitations is one reason there is a delay in moving for an expungement when there is no trial.

In your case, you actually had a trial and were found not guilty. Since you have a right against double jeopardy, you cannot be tried twice and there is no reason to delay the expungement.

It is a little sticky and the refiling of charges almost never happens, but there have been cases dismissed for a prosecutor decling to prosecute and then brought back up later if more evidence surfaces or if a different prosecutor takes office.

gigag04 wrote:

handog wrote:I was suprised at how ignorant of the law they were. When the dust settled the judge agreed with me, not the LEO.

If the CA didn't prosecute then why did you even go to a judge to discuss the specifics of the case? You should've been magistrated and released.

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The case actually has to go to a judge to be dismissed since it has already been started in the court process during the arrest and magistration. In most cases, the prosecutor just hands the file to the judge with a motion to dismiss "nolle prosequi" (if I haev the Latin right). Sometimes, the court will want both sides present or the motion takes place at the first real adversarial hearing.