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scoobydoo007123 · Apr 27, 2008, 02:01 PM

I was charged with capital murder in 1999. The case went to Kentucky court in 2001, where the case was dismissed without prejudice, meaning the charges could in essence be refiled. (Hung Jury). 11-1 for acquittal. It will be 7 years since the case has been dismissed. Is there anyway that my record can be expunged?

I think it unfair that such has happened, and it still appears on my record.

Any advice or help would be greatly appreciative.

Thank You

InTheArmsOfGod · Apr 28, 2008, 04:44 AM

You need to find out what the statute of limitations is for your state. If it is true as you said that the case can be refiled, then the case is still open and has not been closed yet. To my knowledge, expungement is only available for non-convictions on cases that have been settled/closed.

If you still have your lawyer's phone number, he would be the best person to ask about this.

Fr_Chuck · Apr 28, 2008, 05:21 AM

I am sorry the case was dismissed, that means there is no guilty record to start with. So you can NOT explunge a record that does not exist.

When you explunge a record it merely erases the public record of the conviction not the private record that the police and national security can see of arrests.

Since you were never convicted there is nothing to explunge.

scoobydoo007123 · Apr 28, 2008, 06:36 PM

Thank you for the responses.

This is the question that I have...

Even though there was no conviction, can the record of charges be expunged. I did a background check on myself and the charges exist... it does say that they have been dismissed, but they're still there. Is there anything that can be done.

I also heard that for Arrest records with no convictions, the background checks only go back 10 years. Does anyone have any insight in this... Kentucky is the state.

Thank you in advance.

Fr_Chuck · Apr 28, 2008, 06:41 PM

They should not be showing up to any public search, assume the police did not edit them out as they are suppose to.

But no, assuming you did the check at the police department, the NCIC report will always show all of it, but the police when they give it out are suppoe to edit it, they are to leave out any arrest record and only show the convicted, and even if you "explunge" a conviction it still always actually shows up on the report, it merely says explunged, so the police are not suppose to give out that info.

Also if you run your background check though private online companies, they get their data from other public documents, and even a conviction that is explunged can often be found using a public search from a search company

Arrest with no convictions should not be showing up on a public record at all. But for the NCIC report, it always shows up.

scoobydoo007123 · Apr 28, 2008, 08:10 PM

I had a state background check completed, which simply shows No Convictions.

The Federal Background check (FBI) shows all of the charges, and then each being dismissed without prejudice.

To make sure that I understand you completely. I am a novice at this, but I do definitely appreciate your time and help... The Federal Background check (FBI) is supposed to show the charges? OR Is is supposed to simply state no convictions? Is there anyway that I can get it expunged or taken off?

InTheArmsOfGod · Apr 29, 2008, 06:37 PM

Best explanation of Expungement I've seen to date...

Criminal Record Sealing Attorney/Lawyer. Seal a record in Florida

But of course this is for the State of Florida.

Fr_Chuck · Apr 29, 2008, 06:53 PM

Ok, all criminal searches that the police do will always show everything, even if they are explunged.

But before they give them out they edit them, for public view, only convictions are given out. So to the public for work or other back ground only convictions should show up.

For police and national security background, they will give out everything

scoobydoo007123 · Apr 30, 2008, 05:59 PM

THe background check that my present employer did three years ago showed the charges, and that they were dismissed without prejudice. The FBI check actually showed these. Your saying all it should show is that I have no convictions. What do you suggest I do?

Fr_Chuck · Apr 30, 2008, 06:07 PM

Unless the NCIC rules are different in your state than any of the other 8 I have worked in does. IS this by any chance a small mayberry type of town?? Also there are many private company that you can hire to do background searches though, and they are not obligated to not show any material.

But if you went to the police dept and they told you their reports always show to the public arrests made even if not convicted, my next stop would be the local attorney to see if a law suit would be allowed.

The reason for this, anyone can be arrested, for mistaken ID, or for incorrect evidence and the case can be dismissed. Or you can go to trail and be found not guilty.
So the record of this is not suppose to be shown on the public record, only on the police copy of the report.

Fr_Chuck · Apr 30, 2008, 06:15 PM

And I woiuld call the Attorney General Office Kentucky: Office of the Attorney General - Home

Also the state police would or should be up on what is suppose to be given out.
Kentucky Bureau of Investigation (KBI)1-866 (524-3672)

scoobydoo007123 · Apr 30, 2008, 07:59 PM

Seems I was told that because the case was dismissed without prejudice, after the trial, meaning the charges could be refiled again, it legally shows. It is only not reported if there was an acquittal or if it was dismissed with prejudice.

This was a background check that was filled out for a school in a large city. I went to the police department and they did a FBI check Federal background. ON the state one, it does show only "no conviction." Federal is the one that shows charges. It hasn't kept me from jobs/positions, just a hassel to explain, when I shouldn't have to.

scoobydoo007123 · Apr 30, 2008, 08:14 PM

The background check was done at a police station in a relatively large city for a school district. I saw the background checks in my personnel file. The state police one simply shows "No Convictions" The Federal Background Check (FBI) Shows each of the charges, then is shows dismissed without prejudice.

I have inquired about this before. I was told that since the case when to trial and was not an acquittal but was dismissed without prejudice, meaning charges could be refiled, then it shows up. I was todl that if the charges had been dismissed with prejudice, then it wouldn't show. Does this sound right?

I appreciate your help.