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-   -   misdemeanor case dismissed!?!? (http://dreamact.info/forum/showthread.php?t=48880)

dreamer913 05-07-2013 04:01 PM

misdemeanor case dismissed!?!?
 
So today in court I got my case dismissed. What does that really mean? Will this still show up on my record? Is the case finished?

Feenmi 05-07-2013 04:03 PM

Re: misdemeanor case dismissed!?!?
 
The case is done. Nothing on your record.

jada_wendy 05-07-2013 09:32 PM

Re: misdemeanor case dismissed!?!?
 
I would still disclose the information and include paperwork showing it was dismiss. My case has taken forever. I received a RFE for a misdemeanor that was supposed to be dismissed. I sent court records showing clean records. Good luck!

dreamer913 05-07-2013 09:43 PM

Re: misdemeanor case dismissed!?!?
 
Quote:

Originally Posted by jada_wendy (Post 472344)
I would still disclose the information and include paperwork showing it was dismiss. My case has taken forever. I received a RFE for a misdemeanor that was supposed to be dismissed. I sent court records showing clean records. Good luck!


How long have you been waiting? And did you get the misdemeanor while waiting for approval?

JustAnotherDreamer 05-07-2013 09:47 PM

Re: misdemeanor case dismissed!?!?
 
I also have a DUI (misdemeanor) charge, dropped to a reckless driving (traffic violation) and I'm still waiting. We'll see what happens....

TexanJose 05-09-2013 03:53 PM

Re: misdemeanor case dismissed!?!?
 
Quote:

Originally Posted by Feenmi (Post 472190)
The case is done. Nothing on your record.

Quote:

Originally Posted by jada_wendy (Post 472344)
I would still disclose the information and include paperwork showing it was dismiss. My case has taken forever. I received a RFE for a misdemeanor that was supposed to be dismissed. I sent court records showing clean records. Good luck!

Quote:

Originally Posted by JustAnotherDreamer (Post 472356)
I also have a DUI (misdemeanor) charge, dropped to a reckless driving (traffic violation) and I'm still waiting. We'll see what happens....

I had a DWI case (from 2011 and finally done November 2012), thankfully it went on my favor, "not guilty". When I went to an attorney to try to apply for DACA, I was told I needed a letter that said that my case was completely closed, and that is the most important thing. Even though the judge might have dismissed or the case was given a verdict, you need to make sure that all the paperwork is properly processed in the courthouse. It took me almost four months to get that fixed (in between arguing with the attorney and the courthouse as to who had to file what) and to get the paper stating my case was closed and the outcome of it. In the application I did disclose it, and send the proper documentation.

So, based in my own personal experience, make sure that your case was properly closed and processed in the courthouse, and that you get documentation stating so.

4justice 05-09-2013 08:46 PM

Re: misdemeanor case dismissed!?!?
 
Quote:

Originally Posted by Feenmi (Post 472190)
The case is done. Nothing on your record.

This is NOT true. If you were arrested and booked, it WILL show up on your record as a dismissed charge. Misdemeanors that only resulted in a fine will probably not matter unless they were violent or drug offenses. If it was a misdemeanor that involved drugs, alcohol, or violence, or any misdemeanor that could have resulted in jail time, then you should include the disposition along with your application that states the charges were dismissed. It will show up on your record.

skyisthelimit 05-10-2013 01:04 AM

Re: misdemeanor case dismissed!?!?
 
Hi TexanJose,

Can you shred more light on your DWI case, what were you being charge of, did you take any breath test or blood test, how did the whole process go, did you hire an attorney, and how did you get it to dismissed?
The reason I'm asking is because my brother was recently arrested for DWI and his DACA is not yet approved (almost approaching 6th month mark), we hired an attorney and he has a court date for the DWI case next week. Thanks in advance.


Quote:

Originally Posted by TexanJose (Post 473234)
I had a DWI case (from 2011 and finally done November 2012), thankfully it went on my favor, "not guilty". When I went to an attorney to try to apply for DACA, I was told I needed a letter that said that my case was completely closed, and that is the most important thing. Even though the judge might have dismissed or the case was given a verdict, you need to make sure that all the paperwork is properly processed in the courthouse. It took me almost four months to get that fixed (in between arguing with the attorney and the courthouse as to who had to file what) and to get the paper stating my case was closed and the outcome of it. In the application I did disclose it, and send the proper documentation.

So, based in my own personal experience, make sure that your case was properly closed and processed in the courthouse, and that you get documentation stating so.


Happyman0607 05-10-2013 01:40 AM

Re: misdemeanor case dismissed!?!?
 
What's wrong with all these kids and drinking and driving? Mind boggling..

TexanJose 05-10-2013 10:17 AM

Re: misdemeanor case dismissed!?!?
 
Quote:

Originally Posted by Happyman0607 (Post 473515)
What's wrong with all these kids and drinking and driving? Mind boggling..

Unless you've walked in any of our shoes, refrain from making those type of comments. Some of us make mistakes, some of us don't, but if we do, we pay for them, and I just don't mean money-wise.

Quote:

Originally Posted by skyisthelimit (Post 473507)
Hi TexanJose,

Can you shred more light on your DWI case, what were you being charge of, did you take any breath test or blood test, how did the whole process go, did you hire an attorney, and how did you get it to dismissed?
The reason I'm asking is because my brother was recently arrested for DWI and his DACA is not yet approved (almost approaching 6th month mark), we hired an attorney and he has a court date for the DWI case next week. Thanks in advance.

I won't give many details but here's basically a rundown of what happened:

- I was arrested in early 2011, I decided not to blow (which I'm not condoning since you will get your DL revoked), was booked at the county jail and then bonded out.

-I was charged with DWI, and my case finally went to trial (because my case was kinda odd, it couldn't have been dismissed) in late 2012 (yes, about a year and a half later, which is why I didn't apply for DACA since the beginning). Verdict: "not guilty".

-What I put emphasis on, is making sure that after the case is done (whether with trial or dismissal, and considering I'm from Texas, other states might be different) and that all the paperwork goes through making sure that the case is closed, which is what the immigration attorney's office asked me for in order to send my application.

-Like I said, it took four months for this to happen to me, because my attorney didn't know that they had to file the 'last' paperwork...and so on.

In your brother's case, I don't know what will happen. More than likely his application might get approved since (I believe, don't take my word on it) he hasn't been convicted of a crime yet, so maybe it won't appear in any of the criminal databases. I would recommend you getting an attorney (which is costly), because you wanna make sure the case goes on your favor...Hope this helps a bit. Good luck!


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