Can I restrict a charge that was dead docketed?
YES – you can restrict and seal a charge that was dead docketed after 12 months.
Criminal charges can be placed on a “dead docket” by a prosecutor or judge to essentially put the charges on hold indefinitely. Prosecutors usually do this if they don’t want to prosecute this charge now, maybe to see if someone gets arrested again within a certain time period. If the person does get rearrested, the prosecutor can go forward on both the old case and the new case. If the person does not get re-arrested, the charge becomes a non-conviction after 12 months and can be restricted and sealed.
You must file a court motion to restrict and seal a charge that has been dead docketed and the court has discretion whether the motion should be granted.
Do you have a dead docket on your record? Are you eligible for a pardon or restriction? Call us to get started on your case today!
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DISCLAIMER: THE ABOVE STATEMENTS ARE GENERAL INFORMATION AND THE CIRCUMSTANCES OF YOUR CASE MAY BE DIFFERENT. DEVETTER LAW MAKES NO GUARANTEE OF ANY OUTCOME. THE ABOVE IS NOT LEGAL ADVICE AND NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED BY PROVIDING THIS INFORMATION.