A Dismissal Doesn’t Always Mean It Disappears
One of the most frustrating things people learn after their first arrest is that a favorable outcome does not automatically erase the record of what happened. Even when a case is dismissed, rejected, or does not result in a conviction, the arrest itself may still appear on background checks.
At MC Criminal Law, our FAQ Series is designed to answer the questions people ask when trying to move forward after a criminal accusation. Our attorneys are former prosecutors from the Dallas County District Attorney’s Office who understand that most of our clients are not repeat offenders—they are good people dealing with one of the most stressful situations of their lives. That’s why we believe a successful outcome isn’t just about resolving the case. It’s about making sure the case doesn’t continue to follow you years later.
Today’s FAQ addresses a question we hear frequently:
FAQ: Will a first arrest stay on my record?
A: It can.
Many people assume that because it was their first arrest, or because the case was dismissed, the record automatically disappears. In Texas, that is usually not the case.
An arrest creates a public record. Depending on how the case was resolved, you may need to take additional legal action to have the record erased through an expunction or sealed through an Order of Nondisclosure.
The options available to you depend on several factors, including the charge, the outcome of the case, and whether any waiting periods apply. Because every situation is different, it is important to discuss your specific circumstances with an experienced criminal defense attorney rather than assuming the record will take care of itself.
MC Tip
Whenever we obtain a favorable outcome for a client, one of the next conversations we have is: “What can we do to make sure this doesn’t follow you?”
We believe people deserve to move forward from mistakes, false accusations, and difficult situations. That’s why we discuss future expunction and nondisclosure opportunities during our close-out meetings and calendar important dates for follow-up when appropriate.
A dismissal is a great result. But in many cases, the job isn’t finished until we’ve explored every opportunity to protect our client’s future. If you or a loved one is facing a serious criminal allegation or charge in Dallas, Plano, Frisco, Addison, Carrollton, or the surrounding areas of North Texas, contact MC Criminal Law today to understand your options.