The plaintiff can dismiss an action without a court order by filing a notice of dismissal before the defendant serves a motion for summary of judgment, or by filing a stipulation of dismissal - which must be signed by the plaintiff and the defendant.
In some states, in order to seal a dismissed case or an arrest that did not lead to a conviction where charges were NOT filed, the defendant must show factual innocence of the crime - depending on the laws of the state in which the offense occurred. To be factually innocent, the defendant must be able to prove that there was no actual evidence to cause anyone to believe that the defendant committed the crime.
It is important to keep in mind that lack of evidence may not be sufficient evidence in proving factual innocence. Sealing an arrest record or information pertaining to a court case may greatly benefit the individual's future. Most employers, landlords, universities, and banks perform criminal background checks.
Regardless of whether a person is attempting to finish their education, find reliable employment, or desirable housing, that person will most likely need to clear their criminal record. By sealing a dismissed case, the information is removed from sight so that the public - particularly employers, landlords, and admissions officers - cannot view the record. Sealing a court case from a criminal record grants the individual the opportunity to further their circumstances and better their life without the fear that their criminal record will prevent them from moving forward.
If you would like to find out if your case is eligible to be sealed , the quickest and easiest way is to take this free online eligibility test or call for a free assessment. Notice of the court's intention to dismiss and the date and place of the dismissal hearing shall be sent by the clerk to each attorney of record, and to each party not represented by an attorney and whose address is shown on the docket or in the papers on file, by posting same in the United States Postal Service.
At the dismissal hearing, the court shall dismiss for want of prosecution unless there is good cause for the case to be maintained on the docket. If the court determines to maintain the case on the docket, it shall render a pretrial order assigning a trial date for the case and setting deadlines for the joining of new parties, all discovery, filing of all pleadings, the making of a response or supplemental responses to discovery and other pretrial matters. The case may be continued thereafter only for valid and compelling reasons specifically determined by court order.
Notice of the signing of the order of dismissal shall be given as provided in Rule a. More Resources. Court Information. Helpful Non-Legal Organizations. Types of Legal Help. Legal Assistance. Find Help. Legal Help Directory. Qualifying for Legal Aid. Working with Private Attorneys. Professional Use Only Forms. Search Search. This article tells you how to ask the judge to: 1 retain: keep your case open, or 2 reinstate: reopen your case if it has already been dismissed.
What does it mean to retain a case? What does it mean to reinstate a case? What is the deadline to ask the judge to reinstate my case? How do I ask the judge to retain my case? If your case is dismissed, talk with your lawyer to determine next steps. In some instances, you can move forward with getting the charges expunged from your criminal record. Your local Harrisonburg lawyers can help you with that.
Your lawyer will inform you of the status of your case. Some background checks only find prior conviction, but many commercial background checks will also find charges placed and dismissed. In some cases, you can get dismissed cases off of your record by applying in the Circuit Court for an expungement.
You can learn more about expungements in Virginia here or you can contact us at Cook Attorneys. Yes, Cook Attorneys is here for all of your legal questions and next steps. Contact us through the form below, email info cookattorneys. Fill out the form below to request more information about how we can serve you. We look forward to hearing from you!
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