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Posts Tagged ‘Conviction’

Having a Conviction Expunged


The court-ordered process whereby a legal record is sealed from the public is known as expungement or expunction. The criteria and process for expungement varies by state. The conviction or arrest will be erased in the public arena meaning the offender does not have to report that the event occurred. This is extremely beneficial when filling out applications for jobs and housing. Through expunction, the individual is able to live normally in society. Even if an employer, landlord, or educational institution conducts a background investigation, the expunged conviction and arrest should not show.

However, the conviction is not completely gone. Certain government agencies such as law enforcement and criminal courts will be able to access the records. This type of limited accessibility is commonly referred to as under seal. The expunged offense will still be used in determining sentences for offenses that have occurred after the fact. This is especially true in immigration and deportation proceedings.

If a lengthy amount of time has elapse since the arrest, the event was not severe, and the criminal record is clean with the exception of the one offense, an applicant has the greatest chance of qualifying for expungement. Each state has their own set of rules to determine eligibility, and in general, sex offenses are not allowed to be expunged.

In the state of Texas, expungement is allowed of arrests in which the suspect was found innocent. In addition, class C misdemeanors may be expunged if they obtained deferred adjudication and community supervision has been completed. The defendant is permitted to deny an expunged offense in any situation except under oath. Expungement is not possible for an offense in which the defendant, pled no contest to, pled guilty, or was found guilty. However, if the defendant was granted deferred adjudication, there is a possibility of non-disclosure.

Expungement is not an automatic process. A petition or application must be filed to the appropriate criminal court given the jurisdiction. A judge will review the case and issue a ruling. In the majority of states, a fee will be charged as well.

The process can be confusing as it differs by jurisdiction. An applicant may need to deliver papers to the district attorney. However, other courts may require the applicant to prepare an Order of Expungement which is a document to be signed by the judge. Occasionally, a hearing is obligatory to determine whether expungement is to be granted.

If you feel your record qualifies for expunction, visit for more information.

Joseph Devine

Article Source: Learn if you are eligible to seal or expunge your Florida criminal record. Remember, if you’ve ever been arrested in Florida, regardless of the outcome of your case – you have a criminal record.
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Question by Sweetie: What are the requirements for expungement in NJ?
I was convicted of fraudulent use of credit cards in NJ 5 years ago. I never had any convictions before that and haven’t had any since. I was ordered to pay restitution and I have done so.I also served 18 months probation. Can I have my record expunged? How do I do it?

Best answer:

Answer by WATCH DOG
When looking at this law you should note that any time limits do not start to run until you have completed your sentence, IE: Probation in your case.}{

How does New Jersey law define expungement?

According to New Jersey law, expungement “shall mean the extraction and isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person’s detention, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system.”
What are the waiting limits involved?

(These times do not necessarily begin to run as of the date of conviction, but rather as of the last date in the case, i.e., probation end date, date fines paid, release from incarceration, release from Parole, etc.)

For Indictable Convictions – (Superior Court matters) – Generally 10 years, but only 5 years if the requirements of the 2010 changes to the Expungement law are met.

For Disorderly Persons/Disordelry Persons Convictions – 5 years.

For Municipal Ordinance Convictions – 2 years.

For PTI/Conditional Discharge – 6 months from completion/dismissal.

For Dismissals – no waiting period. Eligible when dismissed.
How long does the expungement process usually take?

N.J.S.A. 2C:52-9 states that the Court must hear your matter within 35 to 60 days of the date it is filed. Generally, however, the process usually takes a few months and scheduling depends largely on the Court and its caseload. Various things such as incomplete records that need to be investigated, court scheduling, and/or opposition to your petition from a law enforcement agency may cause the process to be delayed. }{

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Will Cooley: Committee sees progress in reform
After hosting community meetings, the committee proposed four main reforms for the justice system: End the punitive war on drugs, reform and strengthen the probation system, expand the range of past offenses that are eligible for expungement of …
Read more on Canton Repository

Did you know that in the State of Florida if a criminal charge is dismissed, you can have it expunged? If there is a withhold of adjudication you can have it sealed. You can only do this if you have no prior felony convictions and no prior sealing or expunging. Once your record is sealed or expunged, you can deny the existence of the charge, even while under oath. visit us at
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Top 6 Most Frequently Asked Questions in Expunging Your DUI Conviction Records in California

Like most states in US, California too allows you to expunge your DUI conviction record. Expunging your DUI conviction record will help you get rid of all the problems resulting from your offense and make you to experience the life like before. Regardless of whether your offense is misdemeanor or felony, they can usually be expunged. Following are the FAQ’s which are sure to provide you an insight about expunging your DUI records in California:

What is expungement?

Expungement means sealing your DUI conviction record which practically means giving petition to the court to expunge your record and the court replaces your plea as not guilty and then dismisses your case. So when applying for a job or under any other circumstances you need not have to disclose that you have been convicted.

Who Is Eligible For expungement in California?

You are eligible for expungement:

if you are a first DUI offender who has only one charge for either a misdemeanor or felony
a year has passed since conviction
if you have completed probation successfully and not on probation for another offense
have no charges pending
have paid all the fines ordered by the court

How much does it cost to file for expungement?

It costs between $ 50 and $ 80 to file for expunging your record.

will they need my presence at the court?

No, your expungement lawyer can do it for you.

What will I benefit from expunging my DUI conviction record?

There are a lot you will benefit from expunging your record such as employment, licensing etc,.

What expungement won’t do?

Your expunged case can still be used for increasing your punishment when you again caught up for a DUI or other criminal cases.

The DUI Process manual provides solution related to expunging your DUI record, getting your driver’s license back, saving a lot of money on your auto insurance and even saving money throughout your DUI process no matter what state (US) you are located in.

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Question by Stormygirl21302: Does anyone know of any job opportunites for people with felony convictions on their records?
My friend has 2 felony drug possessions on her record. They were back in 2004 & 2006. She has served time and willingly entered into a drug rehab program. Her and her son are trying to make a fresh start and she desperately needs a job. So does anyone have any suggestions? She is willing to work any shift. Please help.

Best answer:

Answer by castaspella0183
Your friend could try to get into the food service. Have to put down the convictions, but then also say that she entered into a treatment program. Good luck to your friend

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Accused killer was on probation for felony conviction
… possession of a firearm by a convicted felon, possession of a firearm during the commission of a felony and obstruction of a 911 call. At the time of his arrest, Nuckles was on probation on a Cobb County conviction, according to Cobb Superior Court …
Read more on Atlanta Journal Constitution

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Escape criminal Conviction through San Jose Criminal Lawyer

You certainly need help from a criminal lawyer when a crime allegation is imposed upon you. A criminal lawyer can assist you in avoiding criminal charges, getting “not guilty verdict”, counseling, home monitoring and a record clearance. Once the charges have been filed against you, you better contact a skilled and professional Criminal Attorney San Francisco because accusation in a criminal offense is a serious matter; it can adversely affect your family, relationships, job and immigration as well. So, the sooner you contact an attorney, the better result you can get. A skilled and experienced San Francisco dui lawyer can help you understand the criminal charges against you and the judiciary system, and he plans strategies to escape criminal conviction and the possible jail sentences.

An experienced attorney knows federal judicial system properly as he has rich experience and vast knowledge of the judiciary system which Criminal attorney San Jose ca uses for the benefit of his clients who are facing different charges for various Federal and State crimes.

His good negotiation abilities and famous prowess help his clients avoid a trial. His ability to cross examine the facts and interact with juries will turn in favor of his clients. He is good at handling a wide array of complex and criminal charges like murder, sex crimes and domestic violence. San Francisco Criminal Defense Lawyer has the required expertise to take right decisions and how to defend you against the case even before you have understood the nature of the charges. He knows when to call police or district attorney and the better time to collect the documents and facts and when to defend the criminal cases in the court.

A San Jose criminal lawyer team can include former public prosecutors who know how district attorney and policy make up cases; the tactics are well-known to them as they have been familiar with all the legal and criminal proceedings. Therefore, you should approach a skilled and experienced San Francisco DUI Lawyer who has an outstanding track record with sufficient resources to face any challenges in an ethical and timely professional manner; he can provide you with an excellent legal service from DUI to capital punishment cases; he can handle all the stages of these cases whether it is booking or trial; his excellent and quick service combined with in-depth knowledge of the US federal laws will surely work in your favor.

Walia Law Firm is a California criminal lawyer and San Jose Dui lawyer offering professional legal advice on various areas of laws, especially DUI and Criminal Defense. Visit to discuss your legal issues and hire their legal services.

Sentenced for Life: Considering the Collateral Consequences of Criminal Convictions

On Friday, June 17, 2011, the American Constitution Society featured a panel discussion on the collateral consequences of criminal convictions, featuring: Judge Lynn S. Adelman, US District Court for the Eastern District of Wisconsin Cynthia Jones, Professor of Law, American University, Washington College of Law US Representative Robert C. “Bobby” Scott, Ranking Member, Subcommittee on Crime, Terrorism, and Homeland Security, US House of Representatives Nkechi Taifa, Senior Policy Analyst for Criminal Civil, and Racial Justice Reform, Open Society Policy Center Yolanda V?zquez, Clinical Supervisor and Lecturer, University of Pennsylvania Law School Melvyn I. Weiss, Founder, MIW Mediating Consulting LLC

Question by carquoteplease: Can a background check company in Texas reveal a non criminal conviction (from another state) to an employer?
I know in some states it is illegal for a background check company to reveal a non criminal conviction (violation) to an employer. Is this the case for employment background checks done for employment in Texas, and if so where in the law does it state this? Does it matter if the background check company is physically located in Texas or is there a loop hole for this?

Best answer:

Answer by charlsyeh
the background checks that companies make does not show squat. only a police department has access to that information

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High court reveals secret deal of Trump developer's crimes
… of Trump developer's crimes. By Michael Sallah The Miami Herald. Investors in a failed $ 200 million condo-hotel deal in Fort Lauderdale weren't told of a key developer's criminal history. The courts kept it a secret. Get Adobe Flash player. Loading …

The Innocence Commission: Preventing Wrongful Convictions and Restoring the Criminal Justice System

The Innocence Commission: Preventing Wrongful Convictions and Restoring the Criminal Justice System

Beyond Exonerating the Innocent: Author on WAMU RadioConvicted Yet Innocent: The Legal Times ReviewChoice Outstanding Academic Title for 2008DNA testing and advances in forensic science have shaken the foundations of the U.S. criminal justice system. One of the most visible results is the exoneration of inmates who were wrongly convicted and incarcerated, many of them sentenced to death for crimes they did not commit. This has caused a quandary for many states: how can claims of innocence be pro

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Tips for Traveling Abroad With a DUI Conviction

This upcoming summer provides many opportunities for weekend getaways and extensive travel. In order to make your experience go as smoothly as possible make sure you have all the necessary documents and information when planning a trip abroad. One important thing to remember is that holding a criminal record may bar you from visiting some nations. A DUI is a criminal charge and certain countries will not let you enter their borders if you have a DUI on your record. This simple mistake can render you criminally inadmissible to foreign nations.

In order to not let travel opportunities pass you by, it is important to have all the information before making plans. According the United States Department of State, Canada is one of the nations that does not allow U.S. citizens with a DUI conviction across their boarders without first obtaining a special waiver. Canadian law is more severe than American law for first time offenders, as according to their laws a first time offender must pay $ 1000 fee and are subject to a 12 month driving suspension. A DUI is considered a felony in Canada whereas in the United States a first time offense is a misdemeanor.

The Department of Canadian Citizenship and Immigration also advises travelers that those who were convicted of a criminal offense may not be able to receive a waiver to enter their country for travel purposes. Their laws require at least five years to have passed before you can submit an application for pardon. Ten years to have passed before a pardon can be issued without an application but the individual must have been convicted of only one offense. The process of applying for a pardon is extensive and requires you to work with a Canadian immigration representative as well pay a $ 200-$ 1000 application fee depending on the severity of the crime.

If you have been convicted of criminal activity that is classified as a misdemeanor, it may be considered a felony in Canada. While not all nations have such restrictive rules regarding entrance into their borders, if you have been convicted of a DUI or have been charged with any other crime that is a misdemeanor traveling abroad may be more difficult for you. Getting a pardon is an extensive and time consuming process, your travel plans may be put on hold with the time it takes to get a pardon. Do not let a DUI drastically interrupt your life!

Attorney Charles R. Green is a Kansas City DUI attorney who aggressively fights for the freedom of his clients, as well as their criminal record and their reputation. His firm can help you if you have been recently charged with a DUI. Since 1993, they have been aggressively defending individuals who have been criminally charged, including those facing an arrest for suspected drunk driving. He holds licenses to practice law in both Missouri and Kansas and may provide you with options or chance to reduce the damage. To learn more about how he can help, do not hesitate to call today or visit his website.

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watch full video DUI pardon overlooked fatal crash

Question by tony: Do you know the procedure to get a pardon for inadmissability for DUI in Canada?
I have a temporary resident permit at this time but over 5 years has passed and I believe I can get a pardon from the Canadian government.

I saw this somewhere but I can’t find the site.

Can you help?

Best answer:

Answer by tess
This is the site my son went through

What do you think? Answer below!
Czech media report: Winnipeg's Pavelec in DUI mess
Matias Strozyk of Jatkoaika — a Finnish hockey news site — reports Pavelec has been sentenced to six months of conditional probation and banned from driving for 20 months after a DUI arrest in May. “Pavelec crashed his BMW M6 into a car that had …

One of the felons pardoned by Mississippi’s out-going Governor Haley Barbour faces new charges for a fourth DUI.

Appealing a Criminal Conviction

Our criminal system is designed to allow persons accused of a crime to defend themselves against accusations in a court of law. Convictions often depend on evidence, testimony, and the perception of a judge or jury to determine guilt and innocence. At the end of a criminal trial, a verdict of guilt or no-guilt is usually entered and the proceedings come to a close. If a person feels that he or she has been wrongly convicted of a crime, they may be able to appeal the conviction and take the trial to a different level.

The criminal justice system is designed to allow people the chance to prove their innocence in court, and despite an original conviction on a crime, people have the right to appeal the decision and have the case heard in court again. The appeals process often depends on proving that the case is not resolved and having a higher court agree to hear the case.

The appeals process usually starts with a request from the defense for an appeal of a conviction.

The request is usually submitted to the appellate court in the form of a “brief”. The original court transcript and evidence list may be submitted to the appellate court and other information (including oral arguments) may be required. The appellate court often examines the details of the first case and reviews the actions to make sure that the trial was conducted in a fair manner. If they notice errors or problems with the original case, the court may agree to a second trial.

The appeals court often looks for errors in the logic and presentation of the original case. They may find the following:

Fundamental errors – errors that can be found with the very basic argument of the case
Harmful error – when the appellate court opposes the outcome of the case
Harmless error – an error that may have had no effect on the outcome of the trial
Reversible error – a mistake that the appellate court could reasonably alter to affect the outcome of the case.

Persons who have been wrongly accused of a crime have the right to defend themselves in a court of law.

Moreover, if you feel that you have been wrongly convicted of a crime, visit the website of the Milwaukee appeal lawyers of Kohler & Hart to discuss the appeal of your case.

Joseph Devine

Contact Kenneth Vercammen Esq. for expungement 732-572-0500 2053 Woodbridge Ave. Edison, NJ 08817 Thousands of citizens in New Jersey over the past 20 years have been arrested for criminal, disorderly, and municipal ordinance offenses. They may include your neighbors, friends and loyal church goers. The police keep a record of all arrests and convictions, even if 20 years old. These secrets of the past will soon be open to anyone in New Jersey including credit agencies. Under a proposal by the New Jersey Attorney General, for a .00 fee, anybody could ask the state police for a persons criminal record, even arrests with not guilty findings. Allowing access to a persons old criminal conviction or arrest record could open the door for discrimination against someone who now is a productive, respected, and law abiding citizen. Fortunately, if you are a law abiding citizen, you can now have old arrests or convictions erased from public records and police folders. Under NJSA 2C:52-1 et seq. past criminal convictions can be expunged erased under certain instances. For example, if you were convicted or pleaded guilty to a disorderly person offense (misdemeanor type) more than 5 years ago, and have not been convicted of anything since, you can have your attorney petition to the Superior Court for an Expungement (Erase and removal) of your criminal record. If you plead guilty to a town ordinance (ex. -Seaside Heights Drinking in Public) you can petition for an
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Question by Reginald: can I become a lawyer with a criminal conviction?
I endeavour to practise law eventually, but am afraid my conviction will prohibit me from doing so. The conviction is spent, but it is for obtaining a pecuniary advantage by deception. What are my chances of being admitted to the roll of solicitors with this spent conviction?

Best answer:

Answer by Intellectual Realist
That’s sort of ironic…..

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Truth Needle: Ferguson mischaracterized Dunn's criminal record
Truth Needle: Ferguson mischaracterized Dunn's criminal record. Truth needle: Democratic attorney-general candidate Bob Ferguson missed the mark when he …
Read more on The Seattle Times

The 37th Amendment: A Novel

The 37th Amendment: A Novel

Ted Braden is just trying to collect on a basketball bet when he telephones a fellow Lakers fan one night. That phone call makes him a witness in a sensational murder trial and launches him into a dangerous battle with the California criminal justice system — the year is 2056, forty years after the 37th Amendment has removed “due process of law” from the United States Constitution.

A fast-moving story set in a surprising future, THE 37TH AMENDMENT is a startling look at what might ha

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