Is it better to get a case dismissed or expunged

Q: What does it mean to waive rights to a speedy trial

See the full attorney answers on the linked page.

Q: What will my sentence be for Class B Misdemeanor for theft?

See the full attorney answers on the linked page.

Q: I am On ARD Probation In a State That I Do Not Normally Reside(Only there for college).

See the full attorney answers on the linked page.

Q: HOW DO I GO ABOUT GETTING ANOTHER PUBLIC DEFENDER. HE CAME OUT AND TOLD ME HE DIDNT CARE ABOUT MY CASE.

See the full attorney answers on the linked page.

Q: If my car is being assaulted (with me in it) by thrown cups of liquid/slapped by picketers, to what degree is defense allowed?

See the full attorney answers on the linked page.

Q: Proof of probation completion. Wich documents???

See the full attorney answers on the linked page.

Anonymous Apr 5, 2012 Criminal Defense 2 views 3 answers

I was told by my instructor that after the class i take and finish my case would be dismissed. But she informed us that if we were to apply for government jobs it would still show up on my record as dismissed and it would be better for me if i got it expunged meaning it never happened. I asked my attorney today about finishing my class and i asked him if it was better to have the case dismissed or expunged? He said, dismissed. So I am a little confused and would like to know which is best.

Attorney Answers

Benjamin Lieberman

Benjamin Lieberman · Jun 15, 2026

With all due respect to Attorney Dane and his experience with California law, his ad hominem attack on Attorney Richman is unwarranted. I too don't practice in California and am an "out of state" attorney. This doesn't change the fact that a dismissal means that you were never convicted whereas expungement means that it is removed from your record. Whether California has an expungement statute or not doesn't change the fact that a dismissal is always better than an expungement. Not having an expungement statute simply means it isn't available to you.

0 upvotes

Joseph Dane

Joseph Dane · Jun 15, 2026

The previous answer demonstrates why answers from out of state attorneys are dangerous. Their answer is California does not have an expungement statute. We have a dismissal statute that is commonly referred to as an expungement, but it doesn't remove anything from your record.

0 upvotes

Robert David RichmanFederal Crime LawyerMinneapolis, MN

Robert David RichmanFederal Crime LawyerMinneapolis, MN · Jun 15, 2026

If a case is dismissed, that means it is thrown out of court and you have never been convicted. The government could see it, but it would simply be an arrest which means nothing, not a conviction. Expunged means that it is removed from your record. That does not mean that it never happened. It is unclear to me if the gov't could still see it. Ideally, the case should be dismissed (no conviction) and then expunged (removed from your record).

0 upvotes