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Last Modified on Dec 22, 2025
If you’re wondering, “Is a dismissed case a conviction in California?”, the answer is no. However, even if the criminal charges against you have been dropped and the case is dismissed, that doesn’t mean you may not still be impacted. Arrests without a conviction can remain on your criminal record, so it’s important to understand what a case dismissal means for your future.
Is a Dismissed Case Considered a Conviction?
In the state of California, a dismissed case is not classified as a conviction. Unlike pleading guilty in order to resolve legal proceedings, dismissing a case does not result in a criminal conviction. A dismissed case instead indicates that the defendant was found not guilty of the crime.
There are various reasons a case may be dismissed. Common reasons include there being insufficient evidence to bring the case forward, the prosecutor deciding not to pursue the case, or the court finding the defendant not guilty beyond a reasonable doubt.
However, a dismissal of your case does not automatically remove the criminal charges from your permanent record. This means that the arrest and charge history would likely still be viewable on background checks, which can negatively impact your future.
The vast majority of criminal cases don’t reach trial, with most either getting dismissed or resulting in a plea bargain. The number of defendants whose cases were terminated in 2024 was 71,854. This is a 2 percent decrease compared to the previous year, when the number was 73,069. While it’s not always possible for your case to be dismissed, your strongest chances of doing so are with the help of a seasoned defense lawyer.
Why You Should Hire a Criminal Defense Lawyer
Criminal defense cases can often be complicated and overwhelming. It’s generally considered wise to hire a criminal defense lawyer when faced with serious legal charges. While California criminal defense laws don’t require you to work with an attorney, doing so can greatly increase your chances of securing a favorable outcome to your case. These are some of the reasons you should consider working with a skilled criminal defense attorney:
- Your lawyer investigates the circumstances surrounding your case: Lawyers have the ability to conduct an independent investigation into the nature of your arrest and the charges against you.
- They can negotiate for reduced charges or may argue for a case dismissal: Upon collecting evidence, your attorney may negotiate with the prosecutor to show that there’s insufficient evidence for a trial or to argue that the charges against you should be reduced.
- An attorney builds a case and presents it to the court: In the event legal proceedings continue, your lawyer builds a strong case on your behalf before presenting it to the court.
- They can argue for minimal penalties: If the case isn’t dismissed or you plead guilty for a reduced sentence, an attorney can negotiate for fair and minimal punishment.
- Your lawyer can assist with sealing or expunging records: Similar to expunging certain convictions from your criminal record, an attorney can also help to seal and destroy an arrest record if the case was dismissed.
Choose The Law Offices of James E. Silverstein for Your Case
The professionals at The Law Offices of James E. Silverstein, a criminal defense law practice based in Calabasas, California, are prepared to effectively represent your case. Our qualified and experienced attorney, James E. Silverstein, has been defending clients in criminal proceedings for over 20 years.
The courthouse that may handle your criminal case can vary depending on where you live or where the alleged offense took place, among other potential factors. Most criminal cases in Calabasas are processed by the Van Nuys Courthouse West, which is located at 14400 Erwin Street Mall, Van Nuys, CA 91401. Be sure to consult your legal counsel to find out which legal venue may be handling your case.
FAQs About Dismissed Case a Conviction in California
Is Dismissal Considered the Same as a Conviction in California?
No, a case dismissal isn’t considered the same as a conviction in California. When you are convicted of a crime, that means you were found guilty beyond a reasonable doubt. This can be the result of a plea bargain or simply because you were found guilty after both sides presented their case. When a case is dismissed, this means you were found not guilty. This may be because the prosecution didn’t pursue the case or because there was insufficient evidence.
Do Dismissed Charges Show Up on a Background Check in CA?
Yes, in California, even criminal arrests or charges that did not result in a conviction can still potentially show up on background checks. This means that anyone who may run a background check on you, such as potential employers or landlords, might see that you were arrested for a particular crime. This can be misleading and may cause issues if the person viewing your records doesn’t know the case was dismissed.
Can You Expunge an Arrest From Your Record in California?
Yes, it is possible in the state of California to have an arrest expunged from your criminal record. This is known as sealing and destroying the record, which would make the arrest no longer viewable to those who may run a background check on you. If your case wasn’t dismissed or you were found guilty, you might instead focus on expunging a criminal conviction from your record.
How Can I Get My Case Dismissed in California?
In the state of California, it is never guaranteed that your case will get dismissed. Generally, cases are dismissed because there isn’t enough evidence for the prosecution to continue the proceedings or because it’s discovered that evidence was obtained illegally. A case can also be dismissed if you are found innocent at trial. To get your case dismissed, it’s recommended that you improve your chances by working with an experienced defense attorney.
California Criminal Defense Lawyer for You
At The Law Offices of James E. Silverstein, our team is dedicated to working towards a favorable outcome in your case, whether that means getting your case dismissed or helping you to clear your record. Contact us today to speak with an experienced and skilled defense attorney.
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