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When your case has been dismissed; does that not also mean your off probation? And could you ask for a expungement at the same time? Then what would be your recourse if you were stopped, walking down the street, searched and arrested; stating to violate your probation? Maybe not recorded properly by clerk or court? Check with the D.A. on the paperwork for dismissal?

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You're going to have to be a little more specific with details.  If you had a case where you placed on probation that was later dismissed, the dismissal would be by the court, not the DA so it would be in the court records.  Whether or not you need to petition for an expungement depends upon what kind case it was and how it was handled.  If you placed on diversion, the dismissal upon successful completion works to eliminate the conviction and there's nothing to expunge.  If a cop stopped you on the mistaken belief you were still on probation, whether or not charges could result from whatever they found depends upon the specific facts. 

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On 2/2/2018 at 2:35 AM, onarevolution said:

When your case has been dismissed; does that not also mean your off probation? And could you ask for a expungement at the same time? Then what would be your recourse if you were stopped, walking down the street, searched and arrested; stating to violate your probation? Maybe not recorded properly by clerk or court? Check with the D.A. on the paperwork for dismissal?

 

On 2/2/2018 at 6:20 AM, LegalwriterOne said:

You're going to have to be a little more specific with details.  If you had a case where you placed on probation that was later dismissed, the dismissal would be by the court, not the DA so it would be in the court records.  Whether or not you need to petition for an expungement depends upon what kind case it was and how it was handled.  If you placed on diversion, the dismissal upon successful completion works to eliminate the conviction and there's nothing to expunge.  If a cop stopped you on the mistaken belief you were still on probation, whether or not charges could result from whatever they found depends upon the specific facts. 

 

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