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Posts Tagged ‘Convictions’

Expungement of Criminal Convictions in California

California Law permits a person to withdraw his or her guilty or no contest plea after a
person has successfully completed probation. In order for a person to qualify for this
“expungement” relief he or she must satisfy a number of conditions. Most importantly is
the condition that they complete their probationary grant successfully. This means that
they must pay all fines and fees ordered by the Court, and all restitution must be paid to
any victims. The individual must not have violated the terms of their probation in any
way, for example the person seeking the expungement must not have sustained any new
conviction or have been arrested for any new offense while on probation.

The next condition is that they had not been convicted for any offense excluded by
statute that bars an expungement of the case. The offenses commonly barred are sex
offenses listed under 290 of the Penal Code such as child molestation. Notably, the
California Appellate Court ruled in December of 2006 that crimes of “attempt” such as
attempted child molestation can be expunged under California Law. Which offenses fall
under the exceptions are limited and an Attorney should be consulted to ensure the
particular crime qualifies.

Once the conditions have been met, the next step is to file the petition with the proper
Court requesting that the conviction be expunged from the defendant’s record. Most
Courts require fees be paid to file the legal petition, in addition the petition must be in the
proper legal form and must be served on the appropriate agencies in order to be
reviewed by the Judge. A Lawyer should be retained to be sure the petition for
expungement is filed correctly.

Once the petition for an expungement has been granted by the Court, the person can, in
most cases, state that he or she has not been convicted of a crime for purposes of
private employment. In effect the case will have been dismissed. For more information,
please refer to Penal Code 1203.4.

Matthew J. Ruff is an Attorney in Los Angeles practicing Criminal Defense

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www.mnwildlifelaw.com Minnesota Wildlife Law Attorney Bill Peterson discusses the loss of hunting rights due to a criminal conviction.

Question by yasminsid: can you cross the border with a criminal conviction?
Can you cross the Canadian border with a misdemeanor criminal conviction in the US? What if you need to go Canada for a family emergency or other important reason?

Best answer:

Answer by sishakara
be honest up front or prepare for a plate of trouble.

What do you think? Answer below!
51 pc companies in US hire people with criminal record: Survey
New York: Contrary to perception that having a criminal record can impede chances of getting a job, more than half (51 per cent) of the companies in the US have hired such people, a new survey has said. Also, hiring managers at nearly two-third of the …
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Civil Death In New York State: How New York State Utilizes Criminal Conviction Records to impede the Economic Growth of Formerly Convicted People.

Civil Death In New York State: How New York State Utilizes Criminal Conviction Records to impede the Economic Growth of Formerly Convicted People.

Civil Death Policies are Federal and State laws that restrict or prevent formerly convicted people from enjoying many of the rights and privileges of the rest of society. It is estimated that there are over 16 Million formerly convicted people in the United States. This number grows by almost 1 Million every two years, with no end in sight due to our nations economic problems. Most employers check the criminal backgrounds of potential employees. With the advancement of information technology, th

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More Criminal Conviction Articles

Is It Possible to Remove Criminal Convictions From Your Record?

When I was in college, I received a minor in possession of alcohol citation. It was a simple misdemeanor, punished by a maximum of 90 days in jail and a $ 500 fine. I was lucky enough to enter into a deal with the prosecutor whereby the case was dismissed if I stayed out of trouble for a specific amount of time. I stayed out of trouble, and the case was dismissed. But some people aren’t so lucky. Some people have to live with one mistake following them around forever. Or do they?

In most states it is possible to get at least one conviction removed from your record. Some places call this expungement of criminal records, some call it vacation of criminal records, but whatever it’s called, the bottom line is if you are able to successfully go through the process you are no longer required to answer yes when asked if you’ve been convicted of a crime in the past.

Though some states expunge, and some vacate, there is a difference between the two that is important to note. Expungement, by definition, is physically deleting the conviction from any and all records that exist. On the computer they hit the delete button. The physical file is shredded. The case is truly taken away with an expungement.

Vacation, on the other hand, is not the physical destruction of the criminal record. Vacating criminal records is the process of taking away the conviction of record without destroying the file. Traditionally if a conviction is vacated it is subsequently sealed so that no one can have access to the file without a court order. Many states used vacation over expungement because it allows the court to review the case file if it is ever needed.

If you think you qualify for an expungement or vacation, you need to locate an expungement lawyer to help you out. The process is complicated, including even determining eligibility. To make sure you qualify, and before spending a bunch of money to go through the process, it’s important to make sure you are even eligible. If you are, though, it may be a good idea.

I am a Washington expungement lawyer who enjoys helping people get rid of marks on their record and move forward with their lives in new and exciting ways. Everyone deserves a second chance, and I love helping people achieve that second chance.

Expungement lawyers are not a dime a dozen. Make sure you find someone that does these for a living. You can clear your record, but it’s a complicated process. Good luck.

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Question by : How long does a criminal conviction stay on your record?
A friend is looking for a new job and the applications ask if you have any criminal convictions. They do, but it was over ten years ago. I remember applications asking if you were convicted in the last 7 years.
If they say no, are they safe. We live in CT if that matters.

Best answer:

Answer by LittleBarb
If there is no time line on the question, your friend must answer YES to the question – – -do you have any convicitions… He has to if he wants to get the job and keep it.. I have know several people who lied and put NO on those job applications and they were hired and then in checking the person’s background – – even some 25 years later, it was discovered by his employer that he lied on the application and that is immediate grounds for dismissal from the job…. I saw two people escorted out of the building I worked in who were fired and given NO TIME to even clean out their desks… off they went with 2 State Troopers… so be honest on those applications…

Add your own answer in the comments!
Ontario doctor turned drug dealer convicted on 94 criminal charges
A highly respected Windsor, Ont., doctor turned "high-level" drug dealer could sit behind bars for years after his conviction Friday on 94 criminal charges. Dr. Colin Sinclair, former physician for the Windsor Spitfires hockey team, is guilty on five …
Read more on Ottawa Citizen

Michael Stone (born Michael John Goodban in 1960) is a British criminal who was convicted of a notorious double murder in 1996. He has continued to assert his innocence. His original conviction was overturned on appeal but a second trial resulted in another verdict of guilty after another prisoner claimed that Stone had confessed to the killings while on remand in jail. His most recent appeal, in 2004, also failed.On 9 July 1996, in a country lane in Chillenden, Kent, Lin Russell, aged forty-five, her two daughters, six-year-old Megan and nine-year-old Josie and their dog Lucy, were tied up and savagely beaten with a hammer in a robbery attempt. Lin, Megan and Lucy were killed but, despite appalling head injuries, Josie survived and went on to make an excellent recovery. Josie’s recovery and the way she and her father, Shaun Russell, coped with the aftermath of the tragedy were the subject of a BBC documentary. Father and daughter had by then moved to the Nantlle Valley in Gwynedd.
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Asset Forfeiture and Criminal Convictions

Following specific types of crimes, the government may seek to seize the assets of the convicted party if it is suspected that the assets were obtained in a less than honest way. One such example is when a party is convicted of a drug crime, particularly crimes involving the sale of illicit or illegal drugs, the government may go after anything that it thinks was purchased or obtained with the funds from the drug operations.

Asset forfeiture generally occurs after the government claims that someone has profited from a criminal activity and used those proceeds to acquire assets. The government will want to seize the proceeds of the criminal conduct. This can be done either through a criminal proceeding or a civil proceeding. The current is trend to seize ill begotten assets via a separate civil suit after the individual has been convicted.

There are two types of forfeiture cases because the government can go after something through the criminal court system or through the civil court system. Today, the vast majority, in fact nearly all, of forfeiture cases work through the civil system. In civil forfeiture in the United States, the government will sue the item of property instead of the owner of the property. The owner, in effect, becomes a third party claimant. In this type of lawsuit, the government has to establish probable cause that the property is in fact eligible for forfeiture. Once this threshold has been passed, the owner of the property must be able to prove by a “preponderance of the evidence” that the property is not subject to forfeiture. In this area, the owner of the property doesn’t actually have to be found guilty of a crime ever.

Criminal forfeiture is slightly different in that it occurs after a person has been convicted of whatever they were charged with. The forfeiture of assets is part of the punishment package that the offender is being sentenced with.

The government will typically opt for going in after the property via a civil suit. This is true in part because this type of lawsuit is much more expensive for the “owner” of the property and can take up to three years. The criminal version is far less expensive as it is part of sentencing but the government must wait until after the party has been convicted to seize anything.

Once the motion has been granted to seize a piece of property, The United States Marshals are responsible for seizing the properties and then disposing of the properties seized by the various agencies.

The Las Vegas criminal defense attorneys of Palmer & Associates understand the intricacies of the criminal justice system and are well-equipped to handle state criminal trials.

Joseph Devine

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Question by : Would a criminal conviction from the 1930s or 1940s still be seen today?
Say someone born in the late 1910s or 1920s had a criminal conviction in the 1930s or 1940s and are still alive, would the conviction still be seen today?

Best answer:

Answer by TrekkerScout
As long as the information was properly entered into a criminal database, the convictions would still show up under a background check.

What do you think? Answer below!
Jail informant's record could complicate probe
An FBI informant who reported on abuse within L.A. County jails is serving 423 years to life for armed robbery and has a history of making unfounded allegations about police, the Times reported Tuesday. The Times will host a live video discussion at 1 …
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Photographic Print of Old Newgate Prison, London from Mary Evans

Photographic Print of Old Newgate Prison, London from Mary Evans

  • PHOTOGRAPHIC PRINT This 10 x8 Print features an image of Old Newgate Prison, London chosen by Mary Evans. Estimated image size 254x203mm.
  • High quality RA4 prints. Printed on Kodak Endura and Edge papers. Size refers to paper used
  • Image Description: Old Newgate Prison, London. Interior view of the Old Newgate Prison in the City of London, showing the galleries and staircases. The prison was in use (with various rebuilding and extension) for over 700 years, from 1188 to 1902. The prison was demolished in 1904, and the Central Criminal Court (also known as the Old Bailey) now stands upon the site. (1 of 6)
  • For any queries regarding this image of Old Newgate Prison, London please contact Mary Evans c/o Media Storehouse quoting Media Reference 4461757
  • Image of Old Newgate Prison, London is supplied by Mary Evans. © Mary Evans Picture Library

10 x8 Print showing Old Newgate Prison, London. Interior view of the Old Newgate Prison in the City of London, showing the galleries and staircases. The prison was in use (with various rebuilding and extension) for over 700 years, from 1188 to 1902. The prison was demolished in 1904, and the Central Criminal Court (also known as the Old Bailey) now stands upon the site. (1 of 6). Chosen by Mary Evans. High quality RA4 prints. Printed on

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Clip from BBC One programme “Rip Off Britain” with Jennie Bond, Angela Rippon and Gloria Hunniford. Warning about how 7 million insurance policies could be useless because someone in the house has a criminal conviction. Chris Bath for the charity UNLOCK, the National Association of Reformed Offenders talking about the impact on people wiht convictions.

US Immigration – Petitioners With Prior Criminal Convictions

The following article discusses criminal convictions and the impact a prior conviction can have on a US visa petition.

In the relatively recent past, US Immigration (also referred to as USCIS) officers were not particularly concerned with an individual’s criminal history so long as they were a US Citizen petitioning on behalf of a foreign fiancee or spouse. With the passage of legislation such as the Adam Walsh Child Protection Act, the Illegal Immigration Reform and Responsibility Act (IIRAIRA), as well as the International Marriage Broker Regulation Act (IMBRA) this laissez faire attitude changed. At present, an individual’s criminal record could have a detrimental impact upon their ability to act as a Petitioner for a United States visa. In most cases, a waiver of some kind is required where the Petitioner has been convicted of certain types of offenses. This may also be true even if the Petitioner has committed relatively minor offenses, but committed multiple offenses so as to warrant a USCIS waiver.

In any American Immigration case, those with a criminal record are usually well advised to seek legal counsel from a licensed US Immigration attorney as one’s criminal record could have a detrimental impact upon one’s ability to petition for immigration benefits. The right to legal advice regarding immigration matters for criminal defendants was recently enshrined in the Supreme Court’s decision in the case of Padilla v. Kentucky. The Court in that case ruled that a defendant in the United States has a right to counsel regarding the immigration ramifications of criminal pleadings. Although this case preserves the right to counsel for criminal defendants whose plea could affect their lawful status in the USA, it also vividly illuminates just how important it is to receive competent advice before making any decision that could have an impact upon later immigration proceedings.

American Immigration law can be confusing for some, in the past it was viewed by the public as more straightforward. After 09/11/2001 the American government reorganized the agencies traditionally involved in the US Immigration process. The result was the Department of Homeland Security (DHS) which has jurisdiction over most of the agencies tasked with processing visas to America. That said, the Department of State also remains a key agency in the visa process. Since the promulgation of new laws restricting immigrants’ and petitioners’ rights it seems that more and more people are turning to American attorneys for assistance because an experienced American Immigration attorney is often able to provide insight about methods for streamlining the overall immigration process.

Benjamin Hart is an American attorney as well as the International Director of White & Hart Ltd. and Managing Director of Integrity Legal (Thailand) Co. Ltd. For further information please contact 1-877-231-7533, +66 (0)2-266-3698, or info@integrity-legal.com. See further reading on the web at: Warrant For My Arrest or K1 Visa Thailand.

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Russian Government Facilitates Lobbying by Convicted Criminal Klyuev against Magnitsky Sanctions at the OSCE Parliamentary Assembly in Monaco
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Question by SCRAPZ: What will happen if someone doesn’t say they have a criminal conviction on a job application?
What will happen if someone doesn’t say they have a criminal conviction on a job application, and the job application asks if you do?

Best answer:

Answer by dlk
You may legally be “fired” for lying on your application should it come to that. Lying is never the right thing to do. You can always say your case if asked during the interview.

Add your own answer in the comments!
A letter from Alghamdy and war crimes tribunal
He further argues: '(Sheikh Mujibur Rahman) issued several laws including the war crimes law by which 195 Pakistani military officers were convicted. The law did not include any Bangladeshi civilian or politician. Besides, the 195 officers were later …
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Wrongful Conviction: International Perspectives on Miscarriages of Justice

Wrongful Conviction: International Perspectives on Miscarriages of Justice

Imperfections in the criminal justice system have long intrigued the general public and worried scholars and legal practitioners. In Wrongful Conviction, criminologists C. Ronald Huff and Martin Killias present an important collection of essays that analyzes cases of injustice across an array of legal systems, with contributors from North America, Europe and Israel. Using this cross-national perspective, the volume offers detailed discussions of specific legal systems while also considering issu

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Padilla v. Kentucky: Immigration Consequences of Criminal Convictions

In this clip, Lawline.com faculty member Stanton Braverman provides an in depth introduction into his topic of discussion, “Padilla v. Kentucky: Immigration Consequences of Criminal Convictions”

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Criminal Convictions by Non-Unanimous Juries

Here’s the basic issue: In Apodaca v. Oregon (1972), the Supreme Court held that the Sixth Amendment requires unanimity for a verdict — but that the Fourteenth Amendment does not carry this rule over to the states, and that even 9–3 verdicts are constitutionally permissible. The Jury Trial Clause is thus the one Bill of Rights clause that is neither completely incorporated against the states via the Fourteenth Amendment, nor completely not incorporated. (Recall that the Bill of Rights originally applied only to the federal government, and has been applied to the states only through the Fourteenth Amendment.)

This partial incorporation is inconsistent both with prior Supreme Court practice and with this year’s McDonald v.

City of Chicago decision. (McDonald calls such an approach “watered-down” incorporation.) In fact, in Apodaca, only one Justice — Justice Powell — concluded that the Jury Trial Clause required unanimity in federal trials but that this provision shouldn’t be incorporated against the states. The other eight would have applied the Jury Trial Clause the same way both to federal and state trials, but four said (incorrectly, in my view) that it didn’t require unanimity in either and four said it required unanimity in both. Justice Powell was the controlling vote, and that’s how the partial incorporation result was reached.

I’d be particularly interested in talking to people whose organizations might be inclined to file amicus briefs on this. (Amicus briefs will be due “30 days after the case is placed on the docket” — Oct. 9 plus a day or two, given the docketing delays.) My view is that amicus briefs are even more helpful at the petition stage than at the merits stage, since the big challenge with any such case is to persuade the Court that this is an issue that deserves the Justices’ attention. So if you might be interested.
the right to a … trial, by an impartial jury” incorporates certain historically accepted attributes of a jury, including the unanimity requirement. The answer the Court has given is yes (see Part II.C of the petition), and leading early commentators (Part II.A) as well as late 19th-century commentators (Part II.B) said the same.

The question is now whether this well-settled understanding of the Sixth Amendment should also be applied, via the Fourteenth Amendment, to the states.

A woman calls saying her wedding was in 2006 and after 6 months she called her husband over to the UK. After 1 year, 4 months she found out when going India, with the holidays booked, her husband said he didn’t want to go India as his passport was inbounded with a criminal charge from India. When he renewed his passport, he didn’t declare this. He received this information notice to his house but he didn’t show it to her all these years. So we had arguments, to which Harjap says they were bound to happen. After 2 months, he went to India and came back and said everything is clear. I decided I didn’t want to stay with this criminal and applied for a divorce. After this, he caused problems and I didn’t know his whereabouts. He was a solicitor, working in Croydon but he never told his address. She continues by saying she got his address from his Uncle and sent divorce letters to India and his employers. He didn’t acknowledge the divorce application and the judge gave him 7 days. He then replied saying he wanted to defend the divorce, saying it was unreasonable. He sent a long letter to the judge and asked for the marriage to be resolved and another opportunity. She said she don’t want to live with him and the problem is that his visa is has finished. She then realised that he got a student visa from somewhere. Harjap asks who told you that he has a student visa. The woman says he is at Birmingham University. Harjap says this doesn’t mean he has a student visa. She says I don

Question by Shane McD: What happens to someone refused entry to US because they didn’t disclose a criminal conviction?
If someone took a chance of going to US on a visa waiver and didn’t mention that they had a criminal record (you aren’t meant to use it then) and got caught for it – would they just get sent back home or would they be arrested for trying to come in illegally. What would be the punishment they would get?

I’m not going to do this just curious about what would happen

Best answer:

Answer by candy g
arrested, held till they could be put back on a flight to their own country and if they had use the VWP then would NEVER be allowed to use this again and have a life time ban.

Give your answer to this question below!
Scottish News: Interrogation cops who removed Gail Sheridan's rosary beads
One of the key criminal allegations is that “an officer of Lothian and Borders Police, while interviewing her, removed rosary beads from her and then asked if she had been 'schooled' in IRA terrorist interview techniques, thereby demonstrating …
Read more on Scottish Daily Record

Who’s That Girl?

Who's That Girl?

Four years unjustly jailed haven’t dampened the spirits or determination of Nikki Finn. The spunky parolee sets out to clear her name – and sets the Big Apple spinning in deliriously funny ways. “Madonna is sexy and funny – a very engaging comedian,” Vincent Canby of The New York Times wrote of her work in Who’s That Girl. The music/movie superstar displays kicky comic flair and sings four terrific soundtrack tunes (Causing a Commotion, The Look of Love, Can’t Stop and the title song). Griffin D

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This program features senior members of the US Sentencing Commissions training staff, who explain the application of the Criminal History guidelines (§§ 4A1.1, 4A1.2). This program examines the calculation of the criminal history score, with attention to the interplay between criminal history and relevant conduct, as well as the definitions and instructions for computing criminal history.
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