Can I have my charges expunged if they were nolle prossed?

UPDATED: Jan 11, 2012

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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