In Pennsylvania, when facing a criminal case legal processes like dismissal and expungement are two ways of addressing certain charges on one’s record.
Grasping the distinctions between these terms helps to navigate the legal landscape effectively.
Dismissal
Dismissal refers to the termination of criminal charges against an individual. When a judge dismisses a case, it means the court has decided not to pursue the charges further. This can happen for various reasons, such as lack of evidence or procedural errors. It offers individuals a second chance.
Expungement
According to the Philadelphia Inquirer, between 70 and 100 million people in the U.S. have a criminal record. You can avoid this with an expungement; a process that goes beyond dismissal. It involves the removal of a criminal record from public view. If the court expunges a case, it is as if it never happened. This can be particularly beneficial for individuals seeking a fresh start.
Key differences
There are several important distinctions between dismissal and expungement:
- Timing – Dismissal occurs during the legal proceedings when the court drops the charges. Expungement happens after dismissal, aiming to erase the record of the case.
- Effect on records – Dismissal does not remove the charges from one’s record. Expungement works towards wiping the case from public record.
- Future implications – Dismissing a case leaves the individual with a criminal record which could be problematic going forward. Expungement allows for a future without the stain of a criminal record.
It is important to consider these differences when preparing to face a criminal case.
When planning a criminal defense in Pennsylvania, depending on the situation, an individual may work toward a dismissal or expungement. An expungement, when possible is ideal, but a dismissal is also a desired outcome.
