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Posts Tagged ‘Expungement’

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

Expungement of Criminal Records – How to Have a Clean Slate

The expungement of criminal records is often a course of action where a first time guilty felon may get to have his or her criminal conviction records sealed. The course of action that is used to offer an expungement of criminal records differs by each and every state and jurisdiction. The specifications usually entail a holding out period in between the time of condemnation and the asking for criminal conviction records to be sealed. The offender needs to have no preceding background of criminal undertaking and ought to display no repetitive felonious acts since the conviction. The petitioner should also show successful probation conclusion.

The expungement won’t be given occasionally. Public criminal records are often not removed for charged crimes and first degree situations as well as sexual assault, rape instances and sexual acts with children. Approving a removal of records depends upon the criminal offenses concerned and the laws. Every state differs in exactly what cases could be expunged and whether or not expungement is granted whatsoever. The chances of enjoying a record removed from public accessibility heightens if the petitioner attests productive rehabilitation initiatives.

In cases where the culprit is a child, expungement of the criminal case is generally granted and often even mandatory. This really is permitting young convicted criminals the opportunity to start again when they reach 17 years old.

The expungement is usually sought by new criminal offenders for different causes. Many people may be searching for jobs, while others would like a chance to vote once more. Still there are many individuals who may well look for expungment for the right to carry guns.

Expungement of criminal records involves the overall removal of the last record. As the case is handled as if it has practically never existed from the general public, those included in the event may still have access to the record.

Expunging Criminal Records [http://expungementofcriminalrecords.org/] is the legal process of having your criminal files removed from public record. Visit us to find out how to expunge criminal records [http://expungementofcriminalrecords.org/].

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Expungement allows you to honestly and legally say you have not been convicted of a crime.
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Question by Prinze: How to write a judge requested a new court for an expungement?

Best answer:

Answer by ca_surveyor
My strong suggestion is that you have this done for you by legal counsel or by a paralegal. You do not want to do it wrong, nor do you want bad spelling or punctuation or syntax (like you used in your question) to distract the judge from your point.

.

Give your answer to this question below!
Alaskans Lack Needed Protections Against Permanent Record of
MatSu Couple Sues State of Alaska Seeking Expungement and Return of Improperly Held Property. September 12, 2012. Wednesday. (SitNews) Palmer, Alaska – A MatSu couple have filed a lawsuit today seeking to establish the right of all Alaskans to clear …
Read more on SitNews

Loyola’s Center for Restorative Justice hosted an Expungement Clinic to help those trying to justly clear their records.
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Felony Job Tips – Steps to Record Expungement for Felons

Record expungement of a felony is the best way a person can hide his or her felony records, which can be beneficial when looking for employment or protecting information about yourself. Although the felony record may still be available to some agencies such as immigration, your records will be safe from most people who’ll try to background check you.

However, this is not an easy process; in fact, some records are not even allowed for record expungement. You must be prepared to give all your effort if you really are determined to do this.

Though record expungement is very tedious, and sometimes exasperating, it will still be to your advantage in the long run and pursuing it is something that you should never give up on.

Here are the steps in order to be successful. However you need to understand that these guidelines should not be misinterpreted as legal advice. They are merely loose guidelines in order to give you a good idea on what will be necessary.

STEP 1: COMPLETE YOUR SENTENCE

It is important that you first serve your sentence before applying for the process. If you have multiple charges, you may serve the jail time for each charge either simultaneously or consecutively. However, if you have been given parole, or were released at an earlier time, you are considered to have served your time and are eligible for record expungement.

STEP 2: COMPLETE YOUR PROBATION

Some people do not have to serve jail time but have to serve probation instead. Other times, felons who have served their time have to undergo a few months or years under probation where he is regularly checked by a probation officer.

If you are under probation you need to complete it. The completion may include the regular visit to the courtroom, paying back of fines, paying of restitution, community service and more. You have to clearly finish all these responsibilities at the time of probation before you can become eligible.

STEP 3: MAINTAIN GOOD BEHAVIOR

After probation, you need to maintain good behavior for at least 3 to 4 more years. Avoid any criminal behavior or involvement. Never even risk getting caught driving under the influence. Understand that in order for your record to be expunged, you need to bring back the trust of the community and the court. This is not a fast process and patience is certainly a virtue you have to learn and live by. Try to find work and join an organization which may help in your rehabilitation as well as your record expungement.

STEP 4: APPEAL TO THE COURT FOR YOUR RECORD EXPUNGEMENT

You can appeal to the court to have your record expunged. You need proof of your good behavior. Outline your good behavior, your employment and every step you made to re-integrate yourself into society. Ensure to the court that you will never break the law again.

STEP 5: WAIT

Record expungement can take a long time so you need to have patience to wait for the judge’s decision. If you have proven to the judge that you have made all the necessary efforts, you will surely have your record expunged.

Record expungement will allow an ex-felon to protect himself from any negative effect of having criminal records. This does not mean that the court decision of your guilt is annulled; it only protects your records from unnecessary people. You may ask the professional help of a private lawyer to give you more detailed and better advise on record expungement.

And now I’d like to offer a Free Report on the Top 10 Jobs for Felons, just click here: Jobs for Felons

We offer more tips, tools and training at http://www.JobsforFelons101.com

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www.edwardappellaw.com If you are seeking competent, compassionate legal representation at a fair price then you owe it to yourself to call The Law Office of Edward Appel.
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Question by saraparker: How long do you have to appeal a denied misdemeanor expungement?

Best answer:

Answer by laughter_every_day
Read your state’s rules of procedure to find out. Every state’s procedure is different.

Give your answer to this question below!
Federal judges grill lawyers over DNA sample law
That process also concerned several judges, who expressed concern that the state DOJ would retain possession of the genetic sample of people not charged with felonies but who felt intimidated by the expungement process. "One they have it, they have it …
Read more on Huffington Post

Can I Get A DWI Conviction Expunged In Texas?

Tyler Flood & Associates www.tylerflood.com (713) 224-5529Regardless of your situation, you should place your trust in experienced and successful Texas drunk driving attorneys. The firm of Tyler Flood & Associates, Inc. is a team of Houston DWI lawyers who are experienced in handling drunk driving charges. The firm has assisted numerous individuals, and is very experienced and well-schooled in the art of determining the best course of action for your Texas DWI issues. If you have been arrested for a DWI offense in Texas, do not try to handle the legal situation yourself. Contact a team of experienced and respected Texas DWI defense attorneys such as Tyler Flood & Associates, Inc. to make sure that your rights are protected.
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The Benefits of Expungement

After facing a criminal charge, many individuals would like to simply forget that their criminal and legal problem had even occurred. While the time that you may have spent in jail and away from loved ones can not be erased, your criminal record can. If you would like to have your criminal record kept out of the sight of the public, consider having your record expunged.

Expungement refers to the act of having your criminal record erased from public view by having it sealed or destroyed. Expungement has many benefits, including:

Protection of Your Reputation

Your reputation is important to you and you take pride in maintaining a certain image to the public. Having your criminal record sealed or destroyed will allow you to continue to develop and protect your reputation as you move past your criminal past and try to start a new life.

Qualify for Better Jobs

After the expungement of your criminal record, you have the right to deny any criminal acts or convictions in the past. Typically, all job applications include the question, ” Have you ever committed a felony?” Although it is never said, the admittance of a past criminal offense usually results in the automatic denial of employment by most employers.

Apply for a State License

Having your criminal record expunged does not allow you to deny past criminal offenses when applying for a state license, however, having your record expunged does show the board of licensing that you are committed to turning over a new leaf. If you have your record expunged before you apply for your license, your application will work itself through the licensing board much more easily than someone who has not taken the time and effort to clean up (and destroy) their criminal past.

Join an Organization

The expungement of your criminal record will also allow you to join a professional organization. Some organizations require background checks for their members and organization officials. Having your record expunged will allow you to be accepted in a professional organization and will give you the ability to network for future career opportunities.

If you would like to learn more about having your criminal record expunged, contact a skilled expungement attorney immediately. An experienced expungement lawyer is committed to helping you free yourself from the burden of your criminal record. Contact an expungement attorney [http://dallasexpungementlawyer.com/expungement_in_dallas.aspx] today to learn more about your legal options.

Joseph Devine

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Clear or Expunge your Criminal Record. Los Angeles Expungement Lawyer David Diamond
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Question by Ted L: Is expungement of a 4th degree felony charge possible in New Mexico?
The nature of the offense is was bomb scare . I’ve been placed on a preprosecution diversion program. Is it possible to have it removed from criminal record?

Best answer:

Answer by Nightrider
Hello Ted.

Expungement of a felony is highly state/crime specific but certain other factors are standard.

Only a first time felony can be expunged. If you have two or more numbers, you are stuck with them for life.

Only certain felonies can be expunged. (This is the state/crime specs I referred to). Each state has it’s own list of what is allowed/not allowed.

Time elements apply here also. Most states demand 5 years free and clear of all legal encumbrances (with some states demanding 7 years).

Best advice on this scenario would be to consult with an attorney in the jurisdiction of the arrest/conviction. They can tell you if you qualify for expungement. From what I am reading from your question, it appears that this is a current event that you are still involved within. You can still inquire about setting the actions in place when the time element has been satisfied.

Since this is a legal issue, unless you are well versed in the system, you can retain the attorney to draw up your petition and submit it to the court in your behalf.

Best of luck and I hope this can be useful to you

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Quick hits 5: Derrick Pouliot edition
KPAM dropping their nightly sports show doesn't seem to have any effect on their Winterhawks coverage, at least so far: Ron Callan expungement from kpam " feedback.pdxradio.comRon Callan has agreed to be Part time at KPAM, continuing to be "AM 860" …
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Benefits of Criminal Record Expungement

When someone is accused of a criminal act, they face not only the immediate consequences of their actions, but the long term consequences as well. In some states even arrest records are made public, in which case anyone who is accused of a crime, even if they are innocent, may be subject to unfair public scrutiny.

If the accusations proceed to a criminal conviction, the defendant will face sentencing which may include fines, probation and possibly jail time. Their permanent record will also be forever marred by the conviction, affecting future employment opportunities and certainly quality of life.

In some of these unfortunate situations, a defendant may be able to petition the courts for a criminal record expungement which will give them the opportunity to have their permanent record wiped clean of any mention of the conviction. If the expungement is successful, then for all intents and purposes, the conviction will be treated as though it never existed. Some states also allow a complete expungement which will erase even the public record of the arrest. Depending upon the state, certain offenses may have no chance for expungement, such as sex crimes or child abuse.

Situations in which an expungement may be honored include:

• New DNA evidence leading to a finding of innocence.
• Minor violations such as jaywalking or speeding may be expunged from a permanent record.
• Completion of a “deferred sentence” such as probation, anger management, alcohol treatment or

community service within a specific period of time.
• Acquittal at trial or an overturning of the conviction.
• Gubernatorial pardon.

Benefits of a successful criminal record expungement are that the accused is able to move forward from the criminal proceedings with peace of mind knowing that their criminal record will not be affected by the situation. For some this means that an embarrassing mark on their personal history will be erased, but for others it means the difference between the ability to gain future employment or not. Following expungement, no future employer will be able see the felony or misdemeanor on the record, nor will the defendant be required to report the charge during an employment interview.

In some states, a person convicted of a felony may lose their voting rights or their rights to bear arms. In these situations an expungement can help restore their every day rights.

To successfully get a criminal record expunged, a defendant must consult with an experienced lawyer who has a record of successful expungements in their state. Attorneys can ensure that the proper steps are followed, including petitioning of the correct judges with complete and accurate paperwork.

For more information on how to obtain a criminal record expungement, contact an experienced criminal defense attorney with a history of successful expungement wins in your state.

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RINA RAW TV
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Question by urs t: How long before a drug convicted felon can apply for expungement? How long is a felony on your record?
The conviction was 4 years formal probation, 90 days community service, & register as a drug offender.

Best answer:

Answer by loislane1028
Ask your PO. He or she will be best able to answer the question.

Add your own answer in the comments!
Judge unseals records in Enid perjury case
The parties in the case were relieved of having to return to court Thursday for an expungement hearing, and an order for expungement of the records should be ordered Sept. 11, giving a week for copies of the unsealed records to be obtained. Edwards …
Read more on Norman Transcript

The Law Offices of Darren D. Shull, PA For more information contact www.DefendingPalmBeach.com or call us for a free first initial consultation at (561) 972 – 6444 Seal and Expunge your criminal records in the State of Florida?
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