Search Results - Expungement
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In the common law legal system, an expungement proceeding is a type of lawsuit in which the subject of a prior criminal investigation or proceeding seeks that the records of that earlier process be sealed or destroyed, thereby restoring the subject's name. If successful, the records are said to be "expunged". Black's Law Dictionary defines "expungement of record" as the "Process by which record of criminal conviction is destroyed or sealed after the expiration of time." [1] While expungement deals with an underlying criminal record, it is a civil action in which the subject is the petitioner or plaintiff asking a court to declare that the records be expunged. Each jurisdiction whose law allows expungement has its own definitions of expungement proceedings. Generally, expungement is the process to "remove from general review" the records pertaining to a case. In many jurisdictions, however, the records may not completely "disappear" and may still be available to law enforcement. Eligibility for an expungement of an arrest, investigation, detention, or conviction record will be based on the law of the jurisdiction in which the record was made. Ordinarily, only the subject of the record may ask that the record be expunged. Often, the subject must meet a number of conditions before the request will be considered. Requirements often include
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Showing 1 to 14 of 14 Articles matching 'Expungement' in related articles. |
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1. New York: Can a Convicted Sex Offender Expunge the Sex Offense Conviction?
November 10, 2009
Convicted sex offenders in Binghamton, New York could risk re-arrest if they pull off the highway to a gas station or stop for a cup of coffee. How can this occur, you wonder? The New York legislature just passed a new law that makes it illegal for convicted sex offenders to live, work, or even drive in the city. Binghamton, NY is not unique in the passage of such laws. The goal of these types of laws is to restrict the offenders ability to live in or pass through local communities; communities within which women and children reside. The emotional tension runs so deep that when one local commu... (read more)
Author: Sam Cadbury
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2. Not Gone and Not Forgotten: The Illusion of California Expungement
November 03, 2009
One of the underlying principles of criminal punishment is that the wrongdoer should pay his or her debt to society. Serious crimes usually require that the offender pay with his freedom, i.e., imprisonment. Lesser offenses might be punished with fines or restitution paid to the victims. An accompanying principle is that, once paid, and offenders debt is forgiven, and the slate wiped clean. To that end, California, like most states, permits certain offenders to expunge their criminal records. However, while expungement has certain practical advantages, its current application in California fal... (read more)
Author: Sam Cadbury
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3. The Importance Of Criminal Expungement
October 23, 2009
People get arrested; this seems to be a rule in our society. No matter how many efforts we make towards having a crime free society, people will always break the law. The road then takes these people to court and ultimately to jail where they will carry out the sentences received on account of their actions. A considerable portion of people that are arrested each day and have charges filed against them ultimately turn out to be innocent of the crimes of which they were accused to have committed. These people suddenly find themselves in the same situation in which, for example, a person who has... (read more)
Author: Fabiola Groshan
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4. Clean the Slate with Expungement Lawyers
September 16, 2009
It is possible that some people who have been arrested do not understand that even if they are fortunate enough to have their charges dropped, a record of their arrest still exists. This is why expungement lawyers specialize in removing these blemishes on a person's permanent record.
Regardless of the reason for the charge, or whether if it was non-judicial or criminal, it will still go on a person's permanent record, which has the potential of creating drawbacks affecting a person's future employment, applications for loans, and even applications for security clearance. There is no reas... (read more)
Author: Mark Sierra
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5. Expungement & Criminal History Check Complications
June 08, 2009
Everyone knows that background checks are now a large concern of daily life. Now when someone applies for a job or a loan, rents a residence, or even gets an insurance quote, it is likely they will have to have a criminal background scan. Although most individuals have knowledge of the screening, they may not be aware of what is turning up.
First, a lot us think that if we've never had an encounter with the law that we won't have a criminal record. Unfortunately with modern background screening practices , this is not always the reality. More and more background screenings are being put ... (read more)
Author: Brian Snead
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6. Erasing a Criminal Record in Canada
April 24, 2009
Expungement (also called "purging") is a court-ordered process in which the legal record of an arrest or a criminal conviction is "sealed" (removed from certain sections of the database where it is stored) or erased in the eyes of the law. The availability of this process depends on type of violation, criminal history and laws of the state or county in which the arrest or conviction occurred.
Expungement is very useful process for people who want to make a new start. For example if your criminal record was purged you don’t need to mention it in a job application with all the other data ... (read more)
Author: Kevn Smith
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7. Expungement Attorney in Portland/Oregon
March 27, 2009
EXPUNGEMENT
(The following information pertains to Oregon Arrests and Convictions only. Other laws and rules apply in other states.)
“Expungement” refers to the sealing of the official records of arrest and conviction for certain offenses.
Most people find it helpful to obtain the services of an attorney to file the necessary documents to obtain an expungement.
There are two main reasons to have your record expunged: First, If a conviction or arrest has been expunged, it means that a prospective employer or landlord will not find a record of that conviction or arres... (read more)
Author: Timothy Bowman
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8. How misdemeanor or Felony can be removed from State Records
January 30, 2009
Be it felony or any sort of misdemeanor, it has became a part of everyday life. Crime committed as a juvenile haunts even in the after years, there is always a lurking doubt that any shadowy glance at one’s yesteryears may cost the person his dear job. However very recently Texas laws have changed dramatically with an outstanding decision which may provide relief to many. The law aptly states that in certain number of cases the records can be cleared off or at least made unavailable to the masses.
Texas criminal records may range from grave crimes to minor faults but with the new law gett... (read more)
Author: shanti bhushan pathak
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9. Expungement of Criminal Records in Washington State -7 Steps To Clearing Your Record
October 07, 2008
You don’t have to be stuck with a criminal conviction on your record. Your Washington State criminal conviction can be expunged if you meet the criteria. And after your conviction is expunged, Washington State law permits you to state you have not been convicted for employment purposes.
Expungement is an often misunderstood term and process. In Washington State expungement of a criminal record or criminal conviction is accomplished by Vacating the Criminal Conviction. The terms Expungement and Vacating are largely interchangeable, the difference being that Vacating is the legal term. ... (read more)
Author: Douglas Stratemeyer
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10. Erase and Expunge Criminal Records That Were Dismissed In Rhode Island
August 13, 2008
It is a good idea for the benefit of the person concerned that all dismissed criminal records be erased or expunged. Expungement is a process where the criminal records are sealed or destroyed.
The cases that were found not guilty on Rhode Island and any other place, should not be allowed to remain in the records.
Several people do not understand the reason behind having to expunge such records, because their contention is, if there are no guilty findings and the case has been dismissed, what difference does it make, as it does not affect the criminal record concerned.
The thin... (read more)
Author: Ezra Young
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11. Expunge or seal your Criminal Record
July 23, 2008
The word ‘expunge’ means to ‘seal’ or ‘erase’. A person can never be criminal for the whole of his life. He doesn’t want that his criminal record follow him forever. The criminal arrest or record can cause problem in ones personal as well as professional life.
Your criminal record will accompany you wherever you go. You will face lots and lots of hindrances in getting a new job. The employers are always so much concerned about the previous records of their employees. They never offer a job to the person who is having a criminal record. From the employer’s point of view its right because ... (read more)
Author: karan singh
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12. DUI Expungement in California: What Are the Benefits?
April 03, 2008
Being arrested and charged with drunk driving means that you'll now have a "ding" on your criminal record, otherwise known as "rap sheet". However, there is a chance that you have your DUI charge expunged. Expungement means different things in different states, but generally speaking it is a formal process of clearing or getting rid of a drunk driving charge from your criminal record. However, because the DUI laws are different in each state, it's highly recommended to hire a drunk driving defense lawyer to figure out the best way to approach your case.
In the state of California you c... (read more)
Author: Maria Palma
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13. Benefits of a California DUI Expungement
April 01, 2008
If you're arrested for drunk driving in California, it is considered a serious charge and will go on your criminal record. However, there is the possibility that you can get a DUI expunged. An expungement means different things in every state, but generally speaking, it is a formal process of deleting or clearing a drunk driving charge from your record, or "rap sheet". Because the drunk driving laws are different in every state, it's important to consult with a DUI attorney to get help with the process. In the state of California an expungement is dealt with in California Penal Code Se... (read more)
Author: Maria Palma
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14. More Advice for Ex-offenders: Cleaning up Your Criminal Record
October 31, 2007
Having a criminal record is not the end of the world. There are legal ways to have criminal convictions removed from your record. Expungement
It is important to know what is in your criminal record. There may be false or erroneous information included in your report that may damage your chances to be employed. You can have false information permanently removed from your record. In some cases certain charges can be officially and formally erased from your record. This process is called “expungement.” In some cases, felony convictions can be downgraded to misdemeanors making the... (read more)
Author: Eric Mayo
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