Can I have my charges expunged if they were nolle prossed?
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Can I have my charges expunged if they were nolle prossed?
I have a couple felony and misdemeanor charges that were nolle prossed because I completed a drug court program. I don’t want the arrests showing up on a background check if I wasn’t convicted.
Asked on January 11, 2012 under Criminal Law, Alabama
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The term "nolle prosequi" is used in a criminal matter when the prosecution declares on the record that it no longer wishes to prosecute the criminal matter. If the prosecution not longer prosecutes the criminal matter, then the court dismisses the action against the defendant.
When the criminal matter is dismissed, then there will be no criminal conviction to be reported for any background check that you have written about. Additionally, just because you may have been arrested, your arrest should not appear on a background check. In this country, people are presumed innocent until proven guilty of a crime.
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