Q: If legal charges were dropped on me, why does it still show up on my record?
In September 2023, I was arrested for possession of fentanyl and possession of drug paraphanalia and the lab determined the substance in the container found in the BACK of my truck, to be rubbing alcohol, 0% of any illegal drug. The charges were recently dropped but the arrest and charges will always show up on my record (like on background checks and for employment, etc) Since the substance was not an illegal drug or narcotic, how can the charges be on my record still? I shouldnt have to pay to have them removed when there was no illegal drug found in my possession or in my vehicle in the first place.
A: Unfortunately, that is not how the law works. If you are an adult, any official evidence of the arrest must be removed by order of a court. The process requires an application to FDLE to determine eligibility to have the record expunged. I would suggest speaking to a local attorney who can discuss the process with you. If you have any prior convictions or have had a prior expungement you may not qualify. If you are able to obtain a Certificate of Eligibility from FDLE you can file a Petition to Expunge yourself with only filing and copying fees. A local Legal Aid office may also be able to give assistance if you qualify financially.
1 user found this answer helpful
A:
It's frustrating to have charges still appear on your record even after they've been dropped, especially when the substance involved wasn't illegal. However, the fact that you were arrested and charged will likely remain on your record, even if the charges were later dismissed. This is because records of arrests and criminal charges are generally considered public information and may be accessible through background checks and other means.
While it may seem unfair that the charges are still visible on your record, there are legal processes available to address this issue. You may be able to petition the court to have your record expunged or sealed, depending on the laws and procedures in your jurisdiction. Expungement typically involves having the record of your arrest and charges removed from public view, which can help mitigate the impact on your employment prospects and other areas of your life.
It's important to consult with a qualified attorney who specializes in criminal law and record expungement to understand your options and navigate the process effectively. They can assess your situation, advise you on the best course of action, and represent your interests in court if necessary. While pursuing expungement may involve some costs, it's often worth it to protect your reputation and future opportunities.
1 user found this answer helpful
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