>>She could technically still see the incident<<

so they looked the other way for you. but they didn't have to. b/c they could still see the incident.

which is part of my point - even a dismissed case doesn't just go away. it's not wiped off a criminal history, necessarily.

i face this all the time.

first we have to talk about what 'dismissal' means.

if the prosecutor decline to prosecute a case and ask the judge to dismiss that's called a nolle prosequi and the person's criminal history will reflect that's what happened. generally prosecutors can decline to prosecute for many reasons - none of which have any bearing on the defendant's guilt or innocence. if a case is dismissed b/c the judge granted a defense motion that's different - it says there was some legal defect in the prosecution that was fatal to the case. that also has no bearing on the defendant's guilt or innocence.

and that is why i regularly see judges and prosecutors use nolle prosequi entries on a defendant's criminal history as aggravating facts at sentencing and in bond hearings and also during plea negotiations. especially multiple 'nolles' for the same offense or involving the same complainant or w/in a short time.

dismissed cases are NOT expunged or sealed. not unless the defendant seeks expungement or sealing and only if the case is eligible for expungement or sealing.