Can You Be Arrested Again for a Crime With Dropped Charges?

Being arrested for a crime, even if the charges are dropped, can be a sensitive and complex issue. In this article, we will explore the circumstances under which such an arrest could lead to another round of charges. We will also delve into the legal procedures involved and the impact on your record.

Understanding the Process

When you are arrested for a crime, the difficulties do not end until the charges are formally dismissed or dropped. If the charges are dropped, it doesn't necessarily mean that you are completely off the hook. Your arrest record is still visible, and under certain circumstances, you could face further legal actions.

Expungement and Its Impact

In some cases, like the experience shared by someone in Texas, you can seek to have your arrest record expunged. This means that you can get the record removed or sealed, making it less visible. Once expunged, you may find it more difficult, though not impossible, to trace your past arrest.

Even after expungement, there are still ways your arrest record could be accessed. For example, upon arrest, you might be listed as an inmate with a mugshot. However, you do not have to disclose this to potential employers or anyone else, unless the employer runs a thorough background check that requires detailed records.

Legal Strategies and Misrepresentation

Prosecutors, such as those in Durham, NC, may attempt to use a dropped charge as evidence of a prior conviction. This misrepresentation can be extremely harmful, as the prosecutor may present the dropped charge as if it were a conviction during a restricted situation. It is crucial to disclose accurate information to avoid such misrepresentations.

For instance, in a high bail setting, the prosecutor might claim you had been convicted of a specific crime when, in reality, the charge was dropped due to lack of evidence. This practice, known as passing off "accidents" during restricted discourse, can severely impact your legal standing and future.

Can It Show Up?

Yes, dropped charges can potentially still show up on certain background checks. Although they are not typically included in general internet background checks, they can be accessed through state-level records. Local police departments maintain these records and, in principle, can provide them to any inquirer who pays the necessary fees.

For instance, a federal background check conducted by the FBI or a state fingerprint check for a job at a casino might reveal your arrest record. However, convictions are usually reported at both the state and federal levels, and these would be visible in a thorough background check.

Key Legal Terms and Procedures

Understanding the intricacies of the legal system is essential to navigating the aftermath of a dropped charge. Here are some key terms and concepts:

Arrest - The act of taking a person into custody by lawful authority.

Charges Dropped - The formal discontinuation of legal proceedings against an individual.

Expungement - The process of sealing or removing an arrest record, making it less visible.

Conviction - A formal judgment or finding that a person is guilty of a criminal offense.

Indictment - The formal charging of a suspect by a grand jury, leading to trial.

Prosecutor - A lawyer who represents the government in a legal case against a defendant.

Conclusion

Being arrested for a crime with dropped charges does not mean you are immune from further legal actions. Understanding the nuances of the legal process and the potential impact on your record is crucial. If you have questions about your specific situation, consulting with a legal professional is strongly advised.