After the charges are dismissed, does this mean the defendant will have no “record”?

Question: After the charges are dismissed, does this mean the defendant will have no “record”? Due to immigration status, a plea in absentia was entered. A court order was issued stating that the bond will be forfeited and the charges dismissed. The charge was felony theft by taking, but the state was offering first offender misdemeanor plea with community service.

Answer: Your question is confusing in that you indicate the charge was “dismissed”. However, the state offered a misdemeanor plea but a “plea in absentia” was entered. If a Plea in Absentia was entered that would indicate that a guilty plea was entered on the charge – whatever that was, felony or misdemeanor. If it was a plea to a FELONY, it could certainly affect the immigration status. I would recommend that you discuss this issue with the attorney that represented the person on the original charge. That attorney would know the exact plea that was entered. Then an immigration Attorney should be consulted concerning what the results of the plea would be on the immigration status. I hope this information is helpful. Good Luck!!

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