How do I get a case closed that was rejected by the DA about 2 1/2 years ago?

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How do I get a case closed that was rejected by the DA about 2 1/2 years ago?

On my criminal background report it shows that the case is open. It doesn’t show a conviction because I was never convicted arraigned or tried. But nonetheless it is open. The DA stated the charges were rejected initially after the arrest and was sent back to the detective for further investigation. Detective never got back to the DA. The charge was a felony assault with a deadly weapon (car). What steps can I take to have this case closed and not submitted to the DA again for a filing of charges. The detective and detective supervisor are both out on vacation.

Asked on March 8, 2012 under Criminal Law, California

Answers:

Robert Johnston / Law Office of Robert J. Johnston Attorney

Answered 10 years ago | Contributor

I'm not sure if you are really looking at an official criminal record or not. I have looked at hundreds if not over a thousand over the years and they do not use the word, "open."  I'm also a bit confused with your question. You are using the word "closed." The proper term is "dismissed."  I would suggest contacting the prosecutor's office or the court and ask if the case is still pending. If it is, then I strongly recommend meeting with a lawyer. If the case is not pending, and therefore has been dismissed, there is possibly a process you can go through to have the arrest portion of your record expunged. First see if its been dismissed. If so, then contact the solicitor's office in your county and inquire about having an expungement done. They are the ones that process those. I hope this helps.

Robert J. Johnston, Attorney

Myrtle Beach

LawyerSC@aol.com

843-946-0099

 

 


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