If my boyfriend received a pink summons over 1 1/2 years ago and his case was dismissed 3 months later, will he still have a criminal record?

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If my boyfriend received a pink summons over 1 1/2 years ago and his case was dismissed 3 months later, will he still have a criminal record?

Can he still have a criminal record even though the case was dismissed? He is currently applying to medical school and worries that he’ll be screened out because of this. We wanted to know if there is any truth to this and if so, how to go about finding out and possibly expunging his record in due time. If the record is expunged or already cleared, can any software detect that he was charged at all?

Asked on May 14, 2014 under Criminal Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Those offenses listed on the pink summonses can indeed cause a problem down the road.  Some of them are misdemeanors in New York. As an fyi, in New York records can not be expunged.  Instead they are sealed.  But the records can indeed be seen by certain parties - such as law enforcement - in a background search.  Please go and seek legal counsel.  The charge and disposition will play a huge part in the end result.  Good luck.


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