The Different Types Of Dismissed Cases And How To Seal Them

In a criminal case, a case is dismissed when there is no conviction for the defendant and no finding of guilt by a court of law. However, a dismissed case does not indicate that the defendant is truly innocent of the offense they were arrested for, even if the defendant was not convicted. A case that has been dismissed will still appear on the defendant’s criminal record.

There are many types of dismissed cases, but they fall into four different categories, so let’s look at each category and provide some tips that can seal your dismissed charges.

Dismissed Without Prejudice

When a case is dismissed without prejudice, it indicates that, despite the fact that the case has been closed, further lawsuits on the same claim can be filed within the appropriate statute of limitations, and this can happen for a variety of reasons.

If a case is only halfway resolved and the plaintiff agrees to drop the charges in exchange for a complete settlement, the case may be dismissed without prejudice meaning that this verdict is dependent on the defendant complying with the agreement’s terms.

Alternatively, the plaintiff can bring a new lawsuit against the defendant. If the plaintiff agrees to enable the defendant to make payments instead of appearing to court, the matter may be dismissed without prejudice.

Dismissed With Prejudice

When a case is dismissed with prejudice, it indicates that no subsequent complaint can be launched on the same claim once the matter is concluded. When a court dismisses a matter with prejudice, they are indicating that the case has been settled and cannot be pursued further. The defendant may appeal the decision to a higher court once a case has been dismissed with prejudice, but the ability to submit a new claim is gone.

Dismissed Voluntarily

When a case ends in a voluntary dismissal, the plaintiff has willingly terminated their claim by filing a stipulation of dismissal – which must be signed by both the plaintiff and the defendant or by submitting a notice of dismissal before the defendant delivers a request for summary judgment. This way, the plaintiff can dismiss an action without a judge’s order.

Dismissed Due To a Lack Of Prosecution

When a case is dismissed for lack of prosecution, it signifies that the case has been inactive on the court docket for an extended period of time and that neither the defendant nor the plaintiff were actively involved in the case’s resolution.

For example, if a case has been passive on the docket for a certain period of time and no party has sought affirmative relief to appear at the trial or hearing, the court can decide to put the case on a list of cases to be dismissed, which could result in dismissal for lack of prosecution.

Depending on the state, either party may be allowed to make a move to revive the case after it has been dismissed. In most situations, the party seeking reinstatement must show that the absence was either unintentional or the consequence of an incident that excuses or explains the absence.

Sealing A Case That Has Been Dismissed

In some states, the defendant must prove factual innocence of the crime in order to seal a dismissed case, depending on the laws of the state where the offense happened.

To be shown factually innocent, the defendant must show that there was no actual evidence to lead anyone to believe that they committed the crime. It’s vital to remember that a lack of evidence may not be enough to establish factual innocence. For that reason, the defendant should work with a reputable law firm that can assist them in proving their factual innocence and get the best course of action for the defendant in their particular case and situation.

A criminal defense law firm such as www.vitalianolaw.com can assist the defendant in sealing the arrest record or court case information, which can be extremely beneficial to an individual’s future, as criminal background checks are performed by the majority of institutions, employers, banks, and landlords.

Whether a person is striving to complete their schooling, obtain a stable job, or find attractive housing, they will almost certainly need to clean their criminal record.

Final Thoughts

By sealing a dismissed case, the data is hidden from further views, making it inaccessible to the general public, including some authorities. Sealing a court case from a criminal record allows an individual to improve their circumstances and improve their lives without the worry of their criminal record preventing them from doing so.

For that reason, it’s important to understand the different types of dismissed cases and how to seal them as it prevents you from being convicted and having disqualifying offenses on your record.