"Anyone can sue anybody for anything." If there was sufficient probable cause for your arrest to begin with, simply because the charge was 'dismissed' would not be sufficient grounds for a suit, unless there was MUCH more to the incident than the question reveals.
If the forgery charge against you was actually dismissed, then you were not convicted, and although the record of your arrest still exists so, also, does the record that the charges were dismissed.
Sadly, the arrest stays on your record. The case will show as dismissed.
No. Once the police report has been made and an arrest made, only the prosecutor has the authority to "drop" criminal charges. You may contact the prosecuting attorney and request that the charges be dismissed, but it is not up to you.
Typically, an arrest that has been nolle prossed (dismissed by the prosecutor) may still appear on a criminal background check. However, the final disposition of the case should indicate that the charges were dismissed. It is recommended to review the background check results carefully and provide an explanation if needed.
Question. Can there be an open disposition when there were no criminal charges filed? There was an arrest and a night in jail, then a release with no criminal charges being brought.
Yes. Charges that are not charged at the time of arrest can be charged and prosecuted later.
No, dismissal of criminal charges is not an indication that the person was innocent of the crime, only that there was not enough evidence to pursue prosecution.Exactly... You would need to prove that the arrest was unjustified to qualify for this complaint. Such as an officer arresting you with absolutely no evidence and nothing to go on. Basically just maliciously arresting you. This would be a violation of your personal rights under the constitution. Chances are that the case wouldn't go all the way to trial in this circumstance anyways.
No, the charges will not be dropped unless you are the only complainasnt and the only witness. The person arrested will have a permanent arrest record on their criminal history anyway.
Neither individuals nor businesses can "file charges." Only the prosecutor's office can 'file' criminal charges. Anyone else can only file a criminal complaint or report a crime to law enforcement. An investigation is conducted and if probable cause is found an arrest is made or a warrant is applied for. A business can file a criminal complaint against someone.
If you are referring to a dismissal of a criminal charge - the record of your arrest and the charge will always appear on your criminal history record AND ALSO the fact that the charge was dismissed.
It could be, but your allegation would have to be proved first.
The case will be dismissed for "Want Of Prosecution." However, if you were turned over to the police by the store, and were "booked," (formally arrested and entered into the arrest register) even if the disposition of the case is 'dismissed,' the arrest will still remain on record.