A Good Resolution
By TheRealDawn
@dawnald (85137)
Shingle Springs, California
February 28, 2022 10:42pm CST
I've written a few times here about my son's case. The short version, he was falsely accused of rape by someone he hadn't known very long. For the last 2 1/2 years, we have been trying to prove his innocence or at least create some reasonable doubt. Fortunately, I have (had) some retirement savings, and I was able to hire an attorney and an investigator. We got information that the police didn't get, and there were eyewitnesses who said it never happened and/or that they lied for the girl. So today, finally, the District Attorney told her that they don't have enough information to get a conviction, and they are dropping the charges. It isn't the best of all possible worlds. That would be where she admits she lied, but it's the second best. He still has an arrest on his record, but no conviction, no registry and he can go on with his life. So very happy that it turned out this way. 
7 people like this
7 responses
@BarBaraPrz (51811)
• St. Catharines, Ontario
1 Mar 22
It may not be the best outcome, but it certainly is a heck of a lot better than being convicted and sent to jail. 
(The best would be that she admits she lied.)
(The best would be that she admits she lied.)1 person likes this
@dawnald (85137)
• Shingle Springs, California
1 Mar 22
Yes, that would have been best, but I'll take this.
@Vikingswest1 (7443)
• United States
1 Mar 22
It might be in the best interest of your son to petition the court to have the records sealed.
An expungement can only be possible after conviction. The dismissal of charges leaves open, all records related to the action. Which a future employer could access.
If a petition were submitted to the Judge, asking that the records be sealed, if granted, it could prevent the arrest from being available to searches by future employers.
Just an arrest for rape will be a red flag with future employers.
If records are sealed, that can't happen.
If you've already tapped into savings for his defense that has cleared him, it's a good bet to help get this arrest sealed.
1 person likes this
@dawnald (85137)
• Shingle Springs, California
1 Mar 22
According to California law:
"A person is not eligible to have an arrest record sealed if any of the following apply:
He or she may still be charged with any of the offenses upon which the arrest was based."
My son may still be charged if new evidence were to come up because the charges were dropped without prejudice.
I can ask, but I fear the answer is no. I already did ask, actually, just not in those words.
2 people like this
@dawnald (85137)
• Shingle Springs, California
1 Mar 22
@Vikingswest1 Unfortunately, there were a few things that were problematic. My son has autism, and said a few things that hurt him. So yes, you have it exactly right. Still, this is far better than what could have happened.
1 person likes this
@Vikingswest1 (7443)
• United States
1 Mar 22
@dawnald
If the case was dismissed without prejudice, the DA has evidence implicating your son, just not enough to move forward.
Tough pickle your boy is in.
No Judge will seal those records.
Dang. This will follow him forever. Anyone can view his arrest record.
I feel bad for your son. Maybe one day soon, the woman will admit or be caught lying in this case.
2 people like this
@GardenGerty (169406)
• United States
14 Mar 22
We would give up a lot for our kids. I am glad it is over now.
