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Old 10-24-2017, 08:30 AM
tdj tdj is offline
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Default Charges reversed & dismissed: Am I required to say I've been convicted?

I am currently trying to save up money for an expungement on an "enabling child sexual abuse" charge from way back in 2004. The charge was sent to appeals court, sent back to local court, where they reversed, and dismissed the conviction WITH prejudice. Does anyone on here know whether or not I'm required to say that I've been convicted of a crime, or can I say no? I know I can say no to these things once I can get the expungement, but I don't know if I can do that while it's still public record.

Also, it's all history now and water under the bridge, but I had been told by the sleazy county I was convicted in, that my charge required that I register, but I have since spoken with people, AND looked it up, and can't seem to find anywhere where it's listed as a sex crime at all, much less one that requires registering.
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Old 10-24-2017, 11:55 AM
fbopnomore fbopnomore is offline
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I encountered both POs and State SO registry staff members who enforced the laws as they wanted them to be instead of as they were passed by the legislature. The law required out of state residents to register after 5 days in Florida, but both overseers told me I must register immediately. Rather than doing that, I cancelled my trip altogether.
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Old 10-24-2017, 06:54 PM
CenTexLyn CenTexLyn is offline
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With regard to registration, there are SOME jurisdictions that allow the Court to impose a registration requirement at the time of sentencing even if the offense did not otherwise have a presumptive requirement to have done so.

As to the question about how to answer...if you are asked about convictions, then you can legitimately response in the negative. However, if you are asked about arrests, then you would still have to respond in the affirmative unless there has been able to get the arrest expunged. The dismissal does not negate the arrest history except and unless the court signs an Order that expunges the case...
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nimuay (10-26-2017)
Old 10-24-2017, 07:02 PM
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Yep, you haven't been convicted of anything. You will never be convicted of these charges again, or stand trial for them, or have another court date. Dismissed means the conviction didn't happen. Dismissed with prejudice means the state can't come back on the same charges.

The arrest however, is a different matter. Most employers don't ask about arrests.

As for registration - any registration requirement that might have resulted from this conviction is no longer required.

It should be noted that if there was more than one charge but not all of the charges were dismissed with prejudice, then your answer would be mixed - no to the dismissed charges, yes to the charges that weren't dismissed.

You should be able to verify this with your trial attorney - the one who was standing by your side when the judge dismissed the charges with prejudice. When in doubt, always consult an attorney licensed in your jurisdiction, especially for the nuance.
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