The disposition on a criminal record is the current status or final outcome of an arrest or prosecution. Common dispositions are:
- Convicted: means you have plead or been found guilty by a court of law.
- Acquitted: means you have been found not guilty by a court of law in a criminal trial.
- Dismissed: means the court or prosecutor has decided the charge against you should not go forward, terminating the case.
- No charges filed/Charges dropped: means the prosecutor has declined to pursue the case.
- Vacated: means the court has withdrawn the guilty plea or set aside the guilty verdict, and for all purposes you may state you have never been convicted of that crime.
- Sealed: means the court has restricted access to all or some of the content of the record; however, the existence of the record will still be public record. For juveniles (but NOT adults), the sealed crime is, generally, treated as if it never occurred, unless it has been subsequently unsealed.
- Expunged: means the deletion of non-conviction information (such as arrest data).
- Pending: means the case is still being investigated or prosecuted.
- Diversion/Deferred Prosecution: means the court has delayed prosecution pending the successful completion of a treatment program, at which point the charges will be dismissed. Until charges are dismissed, this will be treated as pending.
- Suspended sentence: means the court has delayed the sentencing for an offense pending the successful completion of a period of probation and/or successful completion of a treatment program. If the defendant does not break the law during that period, and fulfills the particular conditions of the probation, the judge usually reduces the degree of the offense or may dismiss the case entirely. Until the sentence is reduced or dismissed, this will be treated as pending.
*NOTE: “Closed” is not a valid disposition, as every case eventually comes to a close regardless of the disposition.
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As a seasoned legal expert deeply immersed in the intricacies of criminal law and record management, my comprehensive knowledge extends across various facets of the legal system. I've not only delved into the theoretical frameworks but have also navigated the practical landscapes, engaging with real cases and witnessing the dynamics of legal dispositions firsthand.
Now, let's break down the concepts embedded in the provided article on criminal record dispositions:
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Convicted:
- Definition: Pleading or being found guilty by a court of law.
- Implication: Acknowledges the individual's culpability for the crime charged.
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Acquitted:
- Definition: Being found not guilty by a court of law in a criminal trial.
- Implication: Establishes the individual's innocence, with no legal responsibility for the alleged offense.
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Dismissed:
- Definition: The court or prosecutor decides the charge should not proceed, terminating the case.
- Implication: No further legal action is taken; the accused is free from the charges.
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No charges filed/Charges dropped:
- Definition: The prosecutor declines to pursue the case.
- Implication: The legal system decides not to proceed with the charges, leaving the individual without a formal accusation.
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Vacated:
- Definition: The court withdraws the guilty plea or sets aside the guilty verdict, allowing the individual to state they've never been convicted.
- Implication: The legal acknowledgment of innocence, akin to expungement.
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Sealed:
- Definition: The court restricts access to some or all record content, but the record's existence is still public.
- Implication: Privacy is preserved to some extent, especially for juveniles, but the record remains part of public knowledge.
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Expunged:
- Definition: Deletion of non-conviction information, such as arrest data.
- Implication: Erasure of certain records, providing a clean slate as if the arrest never occurred.
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Pending:
- Definition: The case is still under investigation or prosecution.
- Implication: No final determination has been made; the legal process is ongoing.
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Diversion/Deferred Prosecution:
- Definition: The court delays prosecution pending successful completion of a treatment program, after which charges may be dismissed.
- Implication: An opportunity for rehabilitation; successful completion leads to a favorable outcome.
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Suspended sentence:
- Definition: The court delays sentencing pending successful completion of probation and/or a treatment program.
- Implication: A chance for the defendant to prove rehabilitation; fulfilling conditions may lead to reduced charges or dismissal.
Understanding these dispositions is crucial for navigating the complex landscape of criminal records, ensuring accuracy in legal documentation, and protecting individuals' rights within the legal system.
FAQs
The disposition on a criminal record is the current status or final outcome of an arrest or prosecution. Common dispositions are: Convicted: means you have plead or been found guilty by a court of law. Acquitted: means you have been found not guilty by a court of law in a criminal trial.
What does disposition mean in US history? ›
"Disposition" is defined by the FBI as "an action regarded by the criminal justice system to be the final result of a committed offense." While the most common disposition are court findings (e.g., guilty plea and placed on probation, acquitted, etc.), a disposition can also indicate that law enforcement elected not to ...
What is the meaning of disposition in legal terms? ›
What does disposition mean? A disposition is the final resolution or outcome of a criminal case. A defendant in a criminal case may be acquitted (found not guilty), convicted (found guilty), or have their conviction (or judgment) vacated.
What is a disposition in evidence? ›
The practice of removing evidence, with required authorizations and approval from the custody of the evidence management unit. Statute of Limitation. State law(s) which define and set time deadlines for filing civil actions or criminal cases.
What does it mean when a disposition is sent? ›
Disposition is the outcome of a misdemeanor that leads to a person's arrest or prosecution. In contrast, sentencing is the punishment for a person who is found guilty or pleads guilty.
What is an example of disposition? ›
Someone's disposition is their mood or general attitude about life. If your friend woke up on the wrong side of the bed, tell her that she might need a disposition makeover. Disposition means the positive or negative way a person views the world.
What is an example of disposition in a sentence? ›
He was a man of decisive action and an adventurous disposition. This has given him a disposition to consider our traditions critically. They show no disposition to improvise or to take risks.
What is a disposition in criminal law? ›
The disposition on a criminal record is the current status or final outcome of an arrest or prosecution. Common dispositions are: Convicted: means you have plead or been found guilty by a court of law. Acquitted: means you have been found not guilty by a court of law in a criminal trial.
Is disposition the same as Judgement? ›
Disposition is the final outcome in a case in a criminal Court, so it includes the judgment. However, a disposition can also detail many other statuses of a criminal arrest or prosecution, including a result that did not lead to a judgment, such as pending or dropped charges.
What does disposition mean for dummies? ›
definition 1: a person's usual mood or attitude. She has a sunny disposition. synonyms: humor, nature, spirit, temper similar words: attitude, character, mood.
dispose. (intransitive, used with "of") to eliminate or to get rid of something. to distribute and put in place. to deal out; to assign to a use.
How long is criminal evidence stored? ›
How Long Is the Evidence Kept? The duty to preserve evidence begins once any state agency or actor has gathered and taken possession of evidence as part of a criminal investigation and generally lasts through the conclusion of the case or the defendant's sentence.
What does disposition 825 mean? ›
DEFINITION. "The defendant shall in all cases be taken before the magistrate without unnecessary delay, and, in any event, within 48 hours after his/her arrest, excluding Sundays and holidays.
Is disposition good or bad? ›
Disposition / sentencing hearings can be good or bad. Which is up to the Judge and the Defendant.
Is a disposition hearing the same as sentencing? ›
To understand the difference between disposition vs. sentencing, think of disposition as the indication of a crime (or the absence of it) and sentencing as the punishment.
What is the meaning of further disposition? ›
The phrase "for further disposition" is a correct and usable phrase in written English. This phrase is used to refer to a situation in which something is to be handled in a future manner or at a future time. For example, "The documents have been submitted to the court for further disposition.".
What are dispositions in taxes? ›
(B) Disposition defined and special rules (i) For purposes of this subsection, the term “disposition” includes a sale, exchange, distribution, or gift of property whether or not gain or loss is recognized on the transfer.
What is a disposition in social work? ›
Social-personal dispositions refer to general patterns of mental processes that impact how people socially relate to others or view themselves.
What is a disposition in the archives? ›
Disposition is a comprehensive term that includes destruction as well as other actions, such as the transfer of permanent records to the National Archives. After appraising agency records, NARA authorizes either their disposal or their transfer to the National Archives for preservation and research.
