As an experienced Minnesota Expungement Lawyer I often get asked this question. “If my case was dismissed, why does it still show up?”
The answer is very simple. In Minnesota, except for small claims court hearings, all courts are “courts of record”. This means there is a record of everything that takes place either in courtroom or outside the courtroom. These records are available to the public, law enforcement, employers, and anyone else who may be curious about you or your case. What is worse, the police agency that processed your arrest has your record, too. Court’s typically do not notify the police of a dismissed case and even if the court did notify the police department there is no legal obligation for law enforcement to “erase” the arrest record or report.
It is important to remember that just because your case was dismissed does not mean it “disappears”. Even dismissed cases contain records the public can view. The truth is it remains on the court’s record until you file an expungement motion.
Others say, “The Judge or prosecutor told me it would not go on my record, but someone found it!” I often hear this, too. No, you were not mislead. Its just that someone used sloppy language. There will always be a record until an expungement motion is filed.
An experienced Minnesota Expungement Lawyer can help you understand why your dismissed case still appears on the court’s record or criminal background check.
If you have questions about your court record and how to expunge it call Martin Azarian at 612-343-9000 or 952-975-0663. Martin Azarian has over twenty years of criminal courtroom experience and can help you decide if an expungement motion is in your best interests.