Confirming Whether a Past Case Is Actually Closed or Still an Open Prosecution
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 15, 2026
Legal Inquiry
Consumer Legal Issue
There's something that keeps popping up saying There's an case pending prosecution.
Ok I have a recent dwi case that was closed. I was accused of hitting someone's car in the past and it wasn't true.
Attorney Answer
The 'pending prosecution' notice could be either a records error tied to your closed DWI case, or a sign that the separate hit-and-run accusation you mentioned was never actually resolved — you need to find out which before assuming it's just a mistake.
Court and law-enforcement records don't always update immediately after a case closes, so an old case can sometimes appear active due to a clerical delay. But since you describe a second, undated accusation involving someone else's car that was never confirmed as resolved, there's a real possibility the pending notice reflects that separate matter still being open. Generally, if a case was dismissed or ended in acquittal, New York law may allow related records to be sealed — but that is a separate process from correcting a records error, and it doesn't come into play until the case's actual disposition is confirmed.
What you can do:
1. Contact the court clerk directly — using the case or docket number if you have it — to confirm the current status of both matters.
2. Separately, request a certificate of disposition for the closed DWI case as concrete proof it's finished.
3. Check with the DMV for driving-record accuracy, but treat this as a secondary step after the court confirms case status.
4. If either matter is confirmed closed with a dismissal or acquittal, ask about the process for sealing those records.
If the pending listing turns out to reflect a genuinely open case rather than a records error, missing a court date on it can lead to a bench warrant, so a local attorney should review both matters promptly to confirm the true status and any deadline that applies. ⏱ Time limits apply.
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Frequently Asked Questions
Why might a closed case still show as pending in court records?
Court and law enforcement records don't always update immediately after a case closes, so a clerical delay can sometimes make a resolved case appear active.
How can I confirm the current status of a criminal case?
Contacting the court clerk directly with the case or docket number is generally the most reliable way to confirm whether a case is truly closed or still active.
Can old criminal case records be sealed after a dismissal or acquittal?
In many states, records from a case that ended in dismissal or acquittal may be eligible for sealing, though this is a separate process from correcting a records error and depends on confirming the case's actual disposition.
