www.avvo.com/attorney-answers/53548-wi-jay-nixon-1529181/answers.html?sort=recency%2520http%3A
Will a misdemeanor citation that
was voided by the officer show up on my record? Was caught for marijuana
possession and received a ticket but the cop that gave me it decided to void it
later. The two officers also never took me into the station to be booked for
the incident either.
Jay’s Answer (Jay K. Nixon,
criminal lawyer in Kenosha & Janesville, WI): Sounds like you are in
the clear, but what these officers did may not be the end of the story. You
could always be mailed a new citation, and they have years to make up their
minds. Thankfully, however many officers finally agree that charging folks for
personal use of small amounts is a waste of law enforcement resources. Since
you were not booked, my guess is that if you were charged, it would be a
noncriminal ordinance. Either way, if that happens get a lawyer if you care
about your future record. In WI, police records for closed investigation are freely available to the public, including records of uncharged matters, so anyone who wanted to go to all the trouble of making (and paying for) an open records request can still get them, but this requires more effort than most routine employment background investigations would deserve. Jobs requiring high level federal security clearances might be an exception, however.
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