What Happens If You Are Charged with a Felony But Not Convicted

Facing felony charges and potentially severe penalties is an incredibly stressful experience, so beating a conviction no doubt comes as a huge relief. However, after the elation dies down, you might find yourself asking, what happens when you’ve gotten arrested and prosecuted for a felony, but those charges were dismissed or the jury acquitted you? Can a felony arrest and prosecution continue to adversely affect your rights, interests, and reputation after your criminal case ends? Here’s what you need to know about what happens next.

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What Happens If You Are Charged But Not Convicted?

Criminal defendants can obtain favorable resolutions to their felony charges in various ways. In some cases, defendants successfully file motions to dismiss their charges, convincing the court that the prosecution lacks sufficient evidence to establish probable cause to bring the case to trial. Prosecutors may voluntarily dismiss charges if they have significant doubts about their ability to secure a conviction at trial due to weaknesses in their case. In other cases, defendants obtain not-guilty verdicts at trial. 

After obtaining a dismissal or acquittal, a criminal defendant’s case may take one of two paths. First, the prosecution may refile criminal charges after obtaining additional evidence to bolster the state’s case. However, the government usually cannot retry a defendant who received a not guilty verdict at trial. However, a person acquitted in state court may face subsequent prosecution in federal court and vice versa. Alternatively, a criminal defendant’s case may end after securing a dismissal or acquittal, with prosecutors choosing not to pursue the matter further. However, once a criminal case ends with a dismissal or acquittal, a defendant will still have an arrest record. Nevada limits access to criminal arrest records, only permitting the defendant, state licensing agencies, and criminal justice/law enforcement agencies to access arrest records.

Felony with no conviction

Does a Criminal Charge Stay on Your Record If It Is Dismissed?

Information about felony arrests will remain on your criminal record in Nevada. However, Nevada law allows defendants who obtain a dismissal or acquittal in a felony case to pursue sealing of their criminal record at any time after a dismissal or acquittal. In cases where the prosecution declines to pursue a felony charge, a defendant must wait until the applicable statute of limitations has expired or eight years after an arrest, or obtain a stipulation from the prosecution. 

Sealing an arrest record does remove the charge from your criminal record. Instead, sealing criminal records in Nevada merely blocks them from public access, although criminal justice and law enforcement agencies may still have access to sealed records under limited circumstances. 

To seal an arrest record, a former felony defendant must file a petition with the court that presided over the prosecution. The petition must include:

  • The individual’s current verified records from the Central Repository for Nevada Records of Criminal History
  • The disposition of the records the petitioner wants sealed
  • A list of public or private agencies, companies, officials, or custodians of records reasonably believed to have possession of the arrest records and any proceedings leading to the declination, dismissal, or acquittal of charges, the specific charges, the date of the petitioner’s arrest, and the petitioner’s date of birth

Upon receiving a petition to seal, the court will notify the law enforcement agency that arrested the petitioner and the prosecutor’s office.

Employer Background Checks

Are you worried that a felony arrest and prosecution may appear on an employer background check even though you’ve obtained a dismissal or acquittal on your felony charges? Fortunately, Nevada limits the scope of criminal information that employers can access, generally precluding private employers from obtaining information about a job candidate’s arrest records. However, state and local government employers may have access to arrest records, especially for candidates seeking roles in law enforcement, criminal justice, or other sensitive positions. 

Furthermore, Nevada’s “ban the box” law prohibits most employers from asking candidates about their criminal history, although candidates can volunteer information about an arrest record. Unfortunately, these protections may not prevent a prospective employer from learning about a job candidate’s felony arrest and prosecution through a web search that turns up news articles about the criminal case.

When an employer lawfully learns about a job candidate’s felony arrest and prosecution, they may not automatically disqualify the candidate based on that arrest. Instead, employers must evaluate a job candidate’s arrest record in the context of factors such as:

  • How much time has passed since the arrest/prosecution
  • The candidate’s age at the time of the arrest
  • The nature of the felony charges
  • How the charges relate to the job

Employers may also consider that the felony prosecution terminated in the candidate’s favor.

Has Anyone Been Convicted of a Felony with No Time or Supervision?

Under certain circumstances, a person who is convicted of a felony offense may not serve any additional prison time, community supervision, or probation. In some cases, a convicted felony defendant may receive a sentence of “time served.” When the court detains the defendant or places them in residential confinement pending trial, they may earn jail credits that can apply. Defendants can also earn credits in various other ways. In rare cases, a defendant may earn enough credits to expire the sentence imposed by the trial court following conviction on a felony charge; state law prohibits individuals from earning more than the amount of credit needed to expire their sentence. As a result, a defendant convicted of a felony offense may obtain immediate release following their conviction and sentencing. 

If you’ve been arrested and charged with a felony offense in Nevada, you need experienced legal guidance to help you protect your rights, interests, and reputation, including after you beat the charges. Contact De Castroverde Law Group Criminal & Immigration today for a confidential consultation with our successful criminal defense attorney to discuss how our firm can assist and guide you during and after your criminal case.