Our firm handles many misdemeanor and felony cases for first offenders of our criminal justice system. Throughout the handling of these cases, one common question typically is asked. Should I accept a diversion program, which would result in a dismissal of the case should all of the required conditions be completed or go to trial? The next question is can I have this case expunged from my record? These are typically easy questions to answer.
However, what if you exercise your Constitutional right to a trial? The answer is not as easy. The reality is that if the State Nolle Prosses (dismisses) your case because of a lack of evidence or completion of a diversion program, your case can be expunged. However, if a Judge or Jury acquit you due to a lack of evidence, the answer is no. In other words, if the State finds little evidence and dismisses case, you can expunge, however if a judge finds little evidence and dismisses the case, you can not. Does not seem fair, does it? Welcome to our State Criminal Justice System.
Our attorneys at Hager & Schwartz, P.A. have extensive experience in these types of cases and can advise you on how to handle and answer these types of questions.