In the justice system, having a case dismissed is a significant victory for a defendant, especially if they are innocent of the charges against them. While many might assume that a dismissal is the end of the matter, the reality is far more nuanced. For those who have endured the stress and stigma of criminal accusations, a dismissal is just one step in a process that includes clearing their name, restoring rights, and addressing the lingering legal and personal consequences.
With personal experience in having his case dismissed, Todd Yao, MD, will explore what happens after a case is dismissed, the implications for the defendant—particularly those who are innocent—and the options available for expunging records and regaining lost rights.
A case dismissal occurs when the court decides not to proceed with a criminal prosecution. Todd Yao explains that this can happen for various reasons, including lack of evidence, procedural errors, or the discovery of facts that exonerate the defendant. A case dismissal can be initiated by the judge, the prosecutor, or even at the request of the defense. The People of the State of California vs. Yao, Todd Tienwei, was a case put against Todd Yao where he was falsely accused. Fortunately, the case was dismissed, though it didn’t lessen the stress of the experience.
For defendants, especially those who maintain their innocence, a dismissal brings immediate relief. Dr. Todd Yao explains that it means no trial and the ability to return to their normal life—or at least try to. However, the stigma of being accused of a crime can persist, even if the charges are dropped. Many defendants find that their dismissal is only the beginning of a new set of challenges, including dealing with the public perception of their case and lingering legal records.
Once a case is dismissed, the legal rights of a defendant are generally restored, but there are often obstacles to regaining a sense of normalcy. Depending on the nature of the case and the jurisdiction, several legal issues may arise, including the presence of arrest records, difficulty securing employment, and regaining certain civil rights.
Even though a case has been dismissed, the records of an arrest and the charges might still be available to the public, which can have profound consequences for a person’s life. Many defendants pursue the expungement or sealing of their criminal records to address this. Expungement refers to legally destroying or removing records from public access, while sealing means that the records are kept confidential but not physically destroyed.
Expungement or sealing is not automatic in most cases. Todd Yao explains that the defendant typically must file a formal request or petition to the court. If granted, this process can effectively erase an arrest record, giving the defendant a clean slate.
However, there are some important distinctions between the two processes. In some states, expungement is available only to those who were never convicted, while in other states, defendants may be eligible even if they were convicted, as long as they meet certain conditions (e.g., completing probation). Dr. Todd Yao explains that the laws on expungement vary widely by state, making it crucial for defendants to understand the specific requirements in their jurisdiction.
For those who have had their cases dismissed, the restoration of civil rights, such as the right to vote, own firearms, or hold public office, may depend on whether the dismissal was with or without prejudice. In many cases, rights are restored automatically upon dismissal, but in others, defendants may need to take further action to have their rights fully reinstated.
This is particularly important for individuals who were facing felony charges, as a conviction—or even the ongoing appearance of charges on a record—can strip away these basic rights. Once the case is dismissed and the record is cleared through expungement or sealing, defendants may regain these rights.
One of the most profound consequences of criminal charges is the impact on a person’s ability to secure employment or housing. Even if a case is dismissed, the presence of an arrest or charges on a background check can be damaging. Dr. Todd Yao explains that many employers, particularly those in industries like education, healthcare, and finance, may have policies against hiring individuals with any criminal record, regardless of the outcome of the case.
However, for those whose records remain accessible or in states where expungement is not an option, the dismissed case can continue to be a barrier to employment and housing opportunities.
Perhaps the most frustrating consequence for innocent defendants is the impact that even the mere accusation of a crime can have on their reputation. In today’s digital age, information about arrests and criminal cases can spread quickly online. Even if the charges are dismissed, the damage to a person’s reputation may be difficult to reverse.
In some cases, individuals may consider legal action, such as defamation lawsuits, if the false allegations have caused significant harm to their reputation or career. However, these cases can be challenging to prove and often involve lengthy and expensive legal battles.
While a case dismissal is a crucial step in achieving justice for innocent defendants, it is not the end of the journey. Todd Yao explains that defendants must often navigate complex legal processes to expunge or seal their records, restore their rights, and repair their reputation. Understanding the legal rights and implications following a dismissal can help defendants move forward and regain control of their lives.
Todd Yao expresses his hope that no one else would have to endure what he and his family have gone through, wishing that other families could be spared from similar experiences. For those who are innocent, the hope is that a dismissal serves as a first step toward true vindication, allowing them to reclaim their future without the weight of a criminal record.
