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Posts Tagged ‘Reasons’

Sealing and Expunging a Criminal Record – Benefits and Reasons for Denial

As a criminal defense attorney in Fort Lauderdale, I oftentimes receive inquiries regarding whether a client is eligible to seal or expunge their criminal record. I created this “cheat sheet” for my clients to understand the benefits of sealing or expunging a criminal record and the common reasons for denial.

Benefits
Due to the economic downturn, the unemployment rate in the United States is hovering around 9%-10%. As a result, employers can be very particular with their new hires and may preclude hiring an individual with any criminal record. Worse yet, with advances in technology, employers can inexpensively uncover your criminal history from anywhere in the United States with no time limitations. I recently had a client fired from his job for not disclosing a misdemeanor marijuana charge from 1978! In addition to employers, criminal background checks are common when applying for housing, professional licenses, security clearance, and certain bank loans. I have even heard of potential dating partners researching an individuals’ criminal history before dates.

When you expunge your criminal record, your criminal history is no longer accessible to the public. Such criminal history includes your Court Case number, your Jail file, and the police record of the incident (i.e. probable cause affidavit). Please be aware, that if you were arrested for a crime, even if the charges were never filed or your case was dismissed for any reason, the record of your arrest and Court Case remains public access until you expunge your case. It is worth repeating that even if the State Attorney’s Office “dropped” or announced a Nolle Prosequi (“Dismissal”) of your case, the record of your arrest and Court Case are still available for employers to view until you expunge your case.

In most situations (including all expungements), you may legally deny that you were ever arrested for the crime that you had sealed or expunged. Think of the value of not having to tell an employer of your youthful indiscretion or poor-behavior that is currently leaving an indelible mark on your resume. The cost-benefit of spending a few hundred dollars to hire an attorney to seal or expunge your record could potentially net you tens of thousands of dollars in the future. Please note, in Florida, it takes approximately 6-7 months for a Court to expunge your record. As a result, be proactive – do not wait until you are applying for a new job before petitioning the Court to expunge your case.

Common Reasons for Denial
I receive dozens of phone calls a year from individuals who were improperly advised by their previous criminal defense attorney that they can seal their record of the arrest. I am always amazed when criminal defense attorneys misstate the law on sealing as the Florida Department of Law Enforcement provides a detailed explanation on their website of which crimes are ineligible to be sealed or expunged.

By far, the most common inquiry I received concerns the criminal offense of Driving While Under the Influence. In the State of Florida, anyone who accepts a plea to Driving While Under the Influence receives an Adjudication of Guilt. An individual cannot receive a Withhold of Adjudication to Driving While Under the Influence, unless the State Attorney changes the charge to Reckless Driving. The law is clear that an individual CANNOT seal or expunge their record if they have ever been ADJUDICATED guilty of any criminal offense, including Driving While Under the Influence or Driving While License Suspended.

The second most common inquiry concerns individuals who were improperly advised by their previous criminal defense attorney that they can always seal the record of their arrest if they received a WITHHOLD of ADJUDICATION to the charge. Again, I consider this legal malpractice considering the Florida Department of Law Enforcement’s website specifically enumerates which crimes are ineligible to be sealed, regardless if adjudication of guilt was withheld. Of note, all the ineligible offenses are listed in Fla. Stat. 907.041.

Criminal defense attorneys most often misrepresent that the following crimes can be sealed if the client received a withhold of adjudication: (1) Burglary of a Dwelling; (2) Any act of domestic violence; and (3) Stalking. These charges cannot be sealed even if the charge is a misdemeanor and you received a withhold of adjudication. In addition, an individual can only seal or expunge their record on ONE occasion. An individual cannot seal a charge in 2010 and expect to seal another charge in 2011.

Although you do not need an attorney to petition the Court to seal or expunge your criminal record, it is my recommendation to hire an experienced criminal defense attorney to handle this matter for you. Most attorneys in Florida will charge anywhere between $ 500.00 – $ 1,000.00 for this service. As making sure you correctly seal or expunge your criminal record could be one of the most important decisions you make in your lifetime, it is beneficial to make sure it is done properly.

The information in this article site was developed by Lyons, Snyder & Collin, P.A. for informational purposes only and should not be considered legal advice. The transmission and receipt of information from this article does not form or constitute an attorney-client relationship with Lyons, Snyder & Collin. Persons receiving the information from this article should not act upon the information provided without seeking profession legal counsel.

The author Philip M. Snyder is a founding partner of Lyons, Snyder & Collin, P.A. in Fort Lauderdale, Florida. Fort Lauderdale criminal defense lawyer Philip M. Snyder handles all criminal defense matters including sealing and expungments, domestic violence and restraining orders. The Fort Lauderdale law firm of Lyons, Snyder & Collin, P.A. is located at 312 Southeast 17th Street, Third Floor, Fort Lauderdale, Florida 33316. Telephone: 954.462.8035. http://www.lyonssnyder.com/

Article Source:
http://EzineArticles.com/?expert=Philip_Snyder

title: Criminal Minded 08 / artist: KRS-One / year: 2008 / directed by: Rik Cordero and Nancy Mitchell / three21media.com
Video Rating: 4 / 5

Question by : What are the best countries to live in, even though I have criminal record?
I understand that there are some countries that I am unable to live in with a criminal record, what are the best countries I live in with a criminal record?

Sensible answers only!

Best answer:

Answer by DANIELA R
If you have a criminal record,then,Afganistan is your country.

What do you think? Answer below!
Law allows sharing of juvenile criminal records
School officials and law enforcement authorities in Illinois will be allowed to share juvenile criminal records on a limited basis under an Illinois law signed Monday, legislation that was sparked by a 2008 knife attack on a suburban Chicago teacher.
Read more on Quad City Times

Are you interested in becoming a firefighter? This video takes you through the recruitment process (Part one of two)

Expunge Criminal Record – Top Ten Reasons To Have Your Criminal Arrest Record Expunged

Now is the time to have your criminal record expunged. While there are many benefits to having a clear criminal history, these are the most cited top ten:

1. To Obtain Employment. With the economy still down and countless individuals looking for work, there are many more job applicants than job opportunities. Since most employers conduct thorough background checks, having a criminal record is one of the quickest ways to land your resume or job application in the trash can.

2. To Obtain A State License. Having a criminal history can prevent you from obtaining a state license, including a nursing license, real estate license, or contractor’s license, to name a few.

3. To Obtain Loans. Many lenders require that you divulge your criminal record as part of their application process and risk assessment. With a criminal history, you can end up with higher interest rates, or even be prevented from getting a loan altogether.

4. To Be Eligible For More Educational Opportunities. Most colleges, graduate schools, and vocational schools require that your reveal your criminal record on your application. Again, in such competitive times, having that mark against you can stop you from getting into the program of your choice. If you have a scholarship when you pick up a record, there is a great possibility you will lose it. If you are already enrolled in a program, you can be kicked out.

5. To Be Eligible For More Housing Opportunities. This works in two ways. First, you may not be eligible for governmental housing assistance with a criminal record. Second, private landlords are not obligated to rent to you if you have a criminal record. There are no statutes preventing discrimination against former “criminals.” Many, if not most, landlords run background checks on prospective tenants and having a record can prevent you from staying where you want or need to live.

6. To Avoid Sentence Enhancement. Although most people don’t like to think about being involved in the court system again, let’s face it, it happens! Having a criminal history will be counted against you during sentencing in any subsequent crimes, and courts tend to go much easier on first time offenders than repeat offenders.

7. To Join A Professional Organization. A number of professional organizations conduct background checks prior to allowing individuals entry into the organization.

8. To Travel To More Places. Did you know that travel to Canada and many other countries is restricted with a criminal record? This is not anything new. Many countries deny entry to people with criminal records regardless of how minor the charges. For example, Canada will not allow people in with DUI or drug possession convictions on their records.

9. To Be A More Attractive Date. Landlords, employers, and financial institutions aren’t the only ones looking online to dig up dirt on people. Many people meeting both online and offline use the internet to investigate potential dates. In my practice I’ve heard plenty of stories of cancelled dates because: “You didn’t tell me you had a criminal record!”

10. To Obtain Personal Redemption/Peace Of Mind. Many individuals feel uncomfortable having their past mistakes hanging over their heads indefinitely, are embarrassed or worry about their past, and are even stigmatized when people find out. This is the reason I hear the most from people as to why they want to expunge their criminal record. Peace of mind is priceless.

Plus, check out our blog to see how even some famous people’s lives were affected by not expunging their criminal records here: expunge criminal record! Karen Kilpatrick, Esq. is a Florida expungement attorney who will help you get the second chance you deserve. Don’t let the past ruin your future. Take the expunge criminal record eligibility test, or just learn more facts about Florida expungement by visiting http://www.ExpungeRecordFlorida.com today.

Article Source:
http://EzineArticles.com/?expert=Karen_Kilpatrick

This new inmate has no previous record but must learn to survive behind bars with more hardened criminals. Lockdown: First Timers : SUN JANUARY 13 9P et/pt : channel.nationalgeographic.com

Question by : How do I say I am currently waiting for my criminal record check in the mail on a resume?
I am applying for jobs that require a criminal record check. I know my record check is clean but I am just waiting for it to be processed. On my resume, how do I say that it is currently being processed?

Best answer:

Answer by Ross
“My criminal record check is currently being processed.”

Know better? Leave your own answer in the comments!
Ex-Porsche CFO Haerter Stands Trial Over .5 Billion Bank Loan
The case is part of a broader criminal investigation over Porsche's unsuccessful hostile bid for Volkswagen AG (VOW) using a derivatives strategy. Stuttgart prosecutors are still probing Haerter and former Chief Executive Officer Wendelin Wiedeking on …
Read more on Bloomberg

NYPD officer Adrian Schoolcraft secretly records NYPD top brass giving orders that tickets must be written and arrest must be made or there will be hell to pay. He goes on to say that orders were given to harass people so vigorously that they will not even want to step foot outside in fear of being arrested or ticketed. The police are nothing more than an organized crime syndicate which has fooled us into believing they are here to protect us. When was the last time you seen a cop save somebody or help you for that matter? You can’t even look at a cop without him giving you a dirty look and finding you suspicious of a crime, that’s if your not a young pretty girl or boy for that matter. I can personally testify to constant harassment and intimidation by the NYPD, we are a city literally under siege as we are all being ticketed into poverty by these bogus protectors. Lines are wrapped around the corner at criminal court houses over tickets that cops seem to be giving out because they need to meet their quota aka “productivity goal” which is to make money for this corrupt Justice system and corporate owned prison industry. God help us all if we don’t wake up and come together to stop this.
Video Rating: 4 / 5

6 Reasons Why Cleaning Your Criminal Record Is Important

pardon forms
by wallyg

If you have broken the law in the past you know the stigma that follows you around like a shadow. In this article you will learn why cleaning your criminal record is important in you being able to move on with life successfully. There are 3 ways to accomplish this, either by getting your conviction expunged, sealed, or receiving a pardon. By consulting a pardon service company they will help you choose the right path in order to get one’s life back.

1. The first reason you should erase a criminal history is for one’s own peace of mind. This is very important in how you view yourself and can affect several aspects of one’s life. It can impact relationships with family and friends, cause you to have lower self-confidence, and also damage one’s self-worth subconsciously.

2. Another important reason is to restore one’s civil rights. Most convicted offenders have had their civil rights taken away in one form or another. This does vary state to state, but in some states one looses their right to vote, you can lose right’s to bear arms, and you are not able to hold a public office.

3. By erasing someone’s conviction they will have an easier time getting a job. In most cases one can check no when they ask if they have ever committed or been convicted of a crime. Many employers will overlook applications of past offenders due to their credibility and because they do not believe in second chances. You already have done the time for the crime you committed and should not have to continually be punished for it.

4. Many government assistant programs will deny you eligibility if you have had a conviction. In many states you are not able to access government housing or any type of cash or medical assistance. If someone has been in prison for some length of time and have lost their home and obviously their cash flow then it can seem near impossible to get any help in trying to move on and become a productive member of society.

5. When it comes to custody of one’s child, past convictions can hurt a child custody case tremendously. Whether it involves actual custody or visitation right you can stop the negative effect this will have on the case.

6. The last reason you should seal a history of crime is to be able to travel easier. Many countries including Canada will not let you gain access to their country if you have been convicted of a crime. They can deny you entry unless you have applied for a waiver and been accepted. With a clear background you do not have to worry about this and are free to travel wherever you want to.

Having been convicted of a crime is hard enough without having to pay dearly for one’s mistakes over and over again. You have already served the punishment and have the right to leave that in the past. These 6 reasons on why cleaning your criminal record is important, should give you motivation to start the process today and find a pardon service in your area.

Looking to obtain Canadian Pardons? This pardon firm specializes in obtaining pardons and U.S entry waivers for people with Criminal records. Apply Today!

Article Source:
http://EzineArticles.com/?expert=Adriana_N.

Question by : “Have you ever been convicted of a criminal offense…” question on application forms..read please.?
I applied for a job as a deli clerk (part-time, I am a student) at a grocery store a few weeks ago.

On the application form it asks “Have you ever been convicted of an offense, other than a traffic violation for which a pardon has not been granted?” I checked no. However, in September, while I was a minor, I was caught with open alcohol in my friend’s vehicle and we were both given $ 360s (minor posession of alcohol). I did not pay mine and failed to appear in court. An officer called me and told me there was a warrant for my arrest for this and I had to go down to the station to get it cleared. So went down there, did a formal arrest and set a court date, which all I have to do is show up and pay the ticket. So I would say a pardon has been granted, if that is even a criminal offense..?

I know this company I applied to work for requires a criminal record check for the job, so I am wondering if this is going to show up on there, and if it is even going to matter to the deli manager if she decides to hire me for the job?

Best answer:

Answer by Teekno
No, that’s not a pardon. That’s you pleading guilty to the crime.

A pardon is when you get a letter from the Governor of your state stating you’ve been pardoned for the crime.

Add your own answer in the comments!
Papa John's Pizza To Raise Prices Because Of Obamacare, CEO John
John Schnatter, CEO of the restaurant chain Papa John's Pizza, says the president's health care reform law will cost his business, and that cost will be passed on to consumers in the form of price increases. After President Obama's health care law …
Read more on Huffington Post

Skinit Pardon My French Vinyl Laptop Skin for Generic 12in Laptop (10.6in X 8.3in)

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Pastor, Author, Broadcaster & Speaker Jeff Grillo has an amazingly inspiring message to tell. In this video, Jeff shares his personal story of how God has caused him to overcome huge life challenges that bury many in hopelessness and despair. Jeff has personally overcome blindness, two forms of malignant cancer, financial devastation, heart problems and more. This message will encourage, motivate and inspire you! To learn more about his ministry, or to invite Jeff to come and uplift your church congregation, or group, please see our website for details. www.lookuppromotions.com ***Please pardon the audio quality of this video. It has been fixed as much as we were able to at this time. Thank you, and may our Lord Jesus Christ richly bless you!
Video Rating: 0 / 5

Reasons For A Woman Leaving A Relationship

In general, it’s a woman not man who finally make decision to give up a relationship when it comes to a beaking point. They can give many reasons for leaving men, however, sometimes the true does not appear to be the same as the way it’s explained. Anyway, finding out the real mainsprings of your ex woman will help you draw a lesson and avoid to commit the same mistake next time with another woman.

 

The following are some of the common reasons why women leave:

People change

The start of a relationship may have been brilliant, and you thought you will be together forever. However, once the freshness has worn off, your girlfriend may have lost interest. Perhaps she has begun to know someone else better and found her true interests lie elsewhere, or maybe it’s not her that has changed but you, and you are no longer attractive to her.

The bottom line is, people can change, and that change can mean they do not see a future with you anymore.

 

R-E-S-P-E-C-T

In this day and age, if you do not show your girlfriend respect, she will eventually decide to leave you. If you did not respect her appearance, or include her in supporting the family, she won’t want to be around you. The Casanovas among us know that in order to seduce a married or long term girlfriend, you must play off what they probably never get: respect. So imagine if your partner has met someone who paid her complements about her appearance, made her feel good and listened to her problems, she’s bound to drift away you.

 

Being a man

There are certain traits that women are inherently attracted to: confidence, leadership, ambition to succeed, self assurance and modesty.

Perhaps what attracted her to you at the start of the relationship was one of these things, but as time has gone on you’ve become settled in your ways and she has lost attraction in you. A lot of men once they have settled into a relationship tend to lose a certain number of these traits. For example, some will stop caring about their appearance, or lose their self-assurance and become a doormat for their partner to walk all over. All of which cause them to become less attractive to their wife/girlfriend.

 

Stress

It may just be that your woman is very busy in her life and may feel that she could do without the added stress of keeping a relationship going. She may have realised that she’s just not ready for a long term relationship. She may feel however that given some time she will want to start the relationship again when the time is right for her. If you find yourself in the situation you must respect her decision, for if you were to plead and whinge about her leaving, you risk pushing her away even further.

 

The fact is that all relationships are different and there is a multitude of different reasons why she has left you. The good news is that all relationships can be saved, you just need to know why you went wrong, and how to win her back.

More information and tips can be found on my blog. Also check out how I got my ex girlfriend back.

This week we try some Korean Shabu Shabu, which is thin slices of beef that you cook by swirling it around in the pot of boiling broth in front of you, and then finishing it off with some Kalguksu noodles. MMMMM!! Also, check out our site for the menu fully translated, just in case you want to try this out when you come to Korea yourself. Hope you like this week’s Food Adventure Program for Awesome People! Next week Martina’s ankle should be good enough for us to be able to walk around, so we should be back to our normal WANKing schedule 😀 Subscribe for more Videos! ☞ www.youtube.com Read more about it on our blog: ☞ www.eatyourkimchi.com Watch the full playlist here: ☞ Check it out on Facebook: ☞ www.facebook.com Chat with us on Twitter ☞ www.twitter.com

Details Emerge On Government Study Of Presidential Pardons
The research will be expected to "test the primary hypothesis that, all other things being equal, African Americans and other minorities are less likely to progress in the pardon adjudication process than applicants of other races," the outline said.
Read more on OPB News

Pardon My Scotch

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The survivors discover that an attack is more imminent than expected.

Florida Expungement – Common Reasons Why Requests To Seal Or

Florida expungement law is governed by statute. The statutes contain detailed
requirements, rules, procedures and exceptions that a person must navigate
during the sealing or expungement process. If you are interested in sealing
or expunging your record yourself, it is useful to know the most common
reasons for denial, and how to avoid them!

Briefly, someone seeking to expunge or seal a Florida record must obtain a
Certificate of Eligibility from the Florida Department of Law Enforcement
(FLDE) prior to petitioning a court for a seal or expunge order. The statutes
set out explicit eligibility requirements that a person must meet in order to
obtain the Certificate. One of the most common reasons the FDLE denies a
request for the Certificate of Eligibility is that someone has requested to
seal one of the enumerated offenses that under Florida law cannot be sealed,
i.e. a prohibited offense. There is a laundry list, including but not limited
to, arson, aggravated assault, aggravated battery, child abuse, kidnapping,
homicide, manslaughter, sexual battery, carjacking, robbery, burglary of a
dwelling, home-invasion robbery, stalking, and many sex crimes against
children. Look at this statutory list before you begin the process of having
your record sealed or expunged.

However, the FDLE may get it wrong. What matters under the record sealing
statute is the final charge that you pled guilty or no contest to, and not
the arrest charge. For example, you may have been arrested for armed robbery
(a prohibited offense), but received a withhold adjudication for grand theft
(not a prohibited offense). A particularly tricky area of the law can be
domestic violence. Sometimes an arrest report will say “domestic” battery,
but it’s not (e.g., because while boyfriend and girlfriend, the parties don’t
live together). If the FDLE is wrong in its denial, you can appeal. File a
Petition to Review Florida Department of Law Enforcement Denial of
Application for Certificate of Eligibility to Seal with the trial court in
your jurisdiction. Then, call the FDLE lawyer to discuss.

Other common reasons for denial at the Certificate of Eligibility stage are
just not meeting the eligibility requirements under the statutes. Simply put,
you cannot have been adjudicated guilty of any crime, anywhere, have
previously sealed or expunged a record, have a concurrent petition to seal or
expunge before another court of competent jurisdiction, or not have completed
your sentence for an arrest you want to seal. Again, you can save a lot of
time and money by a careful review of the statutes before starting the
sealing or expunging process.

Even if all requirements are met, expungement and record sealing are within
the discretion of Florida courts, which means that your request will not
automatically be granted just because you are eligible under the statutes.
Courts often cite “compelling public interest” as the reason for denying a
record sealing request, which is most usual in cases involving public
officials. In addition, the State may object, in which case a hearing will be
held and you will have to argue your case. However, if your petition to seal
or expunge is denied by a court, you may have recourse. Florida courts have
to give a factual basis for denial, and if they do not, you can appeal. The
court is required to consider all facts and circumstances surrounding your
request. Also, you should know that you may be denied even if you were
pardoned. The Governor and Cabinet of Florida have stated that the granting
of a full pardon does not make a person eligible for sealing or expunging a
criminal record history automatically. If a condition of ineligibility for
sealing or expunging remains, the FDLE will deny a Certificate of Eligibility
to any person receiving a pardon who is otherwise ineligible to have a record
sealed or expunged.

Karen Kilpatrick, Esq is a Florida expungement attorney dedicated to
improving your future by helping you leave your mistakes where they belong –
in the past. Visit http://www.expungerecordflorida.com for your free
eligibility evaluation today!

Bachna Ae Haseeno

Why do girls always fall for the wrong guy? Their mothers warn them about him. Their friends shake their heads disapprovingly. Their minds tell them to escape while the going is good. But no! oh no! Their hearts are another story. You see, they are sending all the wrong signals. His name alone is enough to scramble their brains and set their hearts racing. Meet Raj. He is the stuff of dreams, with the looks of a ‘butter wouldn’t melt in my mouth’ good boy. Who can blame him for falling in love as many times as love is fortunate enough to find him. It’s not his fault that he’s a heartbreaker, it’s in his DNA. Come discover his three love stories; Raj and Mahi, Raj and Radhika, Raj and Gayatri. Different ladyloves at different times in his life. And each of them, teach him a little bit about love and a little bit about life, in their own sweet, sexy or sassy way. Come fall in love… three times.
Video Rating: 5 / 5

Question by Contessa: How do I get negative credit expunged from my credit report?
I have paid off some of the creditor through collection agencies but I was told that it will be at least 10 years for it to be off my credit record. I hear there are some credit repair companies out there.

Best answer:

Answer by signfish
You want repair it. Don’t go into debt to try and fix debt it is not possible. Try to focus on a more simple life style if possible. Remember we don’t need the latest biggest and best. you could write to companies that you owe and arrange to pay so much a week but make it realistic no point in promising an amount that leaves you struggling so that you give up. All the best and hope things turn out well

Give your answer to this question below!
Wal-Mart urges retailers to reject B credit-card settlement
It settled a lawsuit that claimed card issuers conspired to fix merchants' fees for accepting credit cards. Retailers have long complained about the billions of dollars in "swipe" or "interchange" fees that that they have had to pay, which average …
Read more on Memphis Commercial Appeal

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