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Each client who made use of the often little-known and all-too-little-used criminal erasure laws have cleaned up their backgrounds and have gone on to lead productive, happy lives without the shadows of their past mistakes hanging over them. One of the things I commonly found was that not only did my clients not know about these laws but amazingly very few practicing attorneys knew about them either.
That's when I realized that many people needed to know about these remedies and so I decided to research and write "Erasing Your Criminal Background Legally: The Ultimate Guide to Second Chances. That's when I set out to research and write in plain, every day English not legalese or lawyer talk the a guide of the laws available in each and every United States jurisdiction. I want to be very clear about this, these erasure laws will NOT erase serious crimes.
Expungement
But, they were designed to give a fresh start to folks convicted of relatively minor violations like:. The sad truth, many people are arrested and accused of crimes they did not commit and their cases are dropped but the arrest still appears on their record thus triggering their records to appear anytime a potential employer, state licensing agency or other government agency conducts a criminal background check.
Fortunately for you, I have broken down the guide to provide you information on criminal erasure laws state-by-state. Go to the drop down menu below.
New Pennsylvania law hides some criminal records from prying eyes - The Morning Call
Choose the state you were arrested in and invest in your second chance. Let me get started now.. A word of warning: The Ultimate Guide to Second Chances", will be your stepping stone to a far better future. However, this material is not a substitute for competent legal counsel. What they are intended to do is show you in clear, easy to understand, common English whether or not you may be eligible in your state for erasing your criminal record.
Of course, I want you to be happy with your purchase so I am offering a day complete satisfaction guarantee. If you are not happy for whatever reason just let me know within 30 days of purchase and I'll return your money. There no risk to you whatsoever. Daniel, you've made this decision a no-brainer I want this info NOW! Black's Law Dictionary defines "expungement of record" as the "Process by which record of criminal conviction is destroyed or sealed from the state or Federal repository.
A very real distinction exists between an expungement and a pardon. When an expungement is granted, the person whose record is expunged may, for most purposes, treat the event as if it never occurred.
Is Your Past Holding You Back?
A pardon also called "executive clemency" does not "erase" the event; rather, it constitutes forgiveness. In the United States, an expungement can be granted only by a judge, while a pardon can be granted only by the President of the United States for federal offenses, and the state governor , certain other state executive officers, or the State Board of Pardons and Paroles varies from state to state for state offenses.
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Each jurisdiction whose law allows expungement has its own definitions of expungement proceedings. Generally, expungement is the process to "remove from general review" the records pertaining to a case. In many jurisdictions, however, the records may not completely "disappear" and may still be available to law enforcement, to sentencing judges on subsequent offenses, and to corrections facilities to which the individual may be sentenced on subsequent convictions. Criminal records in each state of Australia are covered by state law.
Under the Act, an offender's criminal record may become spent if they do not re-offend for a period of 10 years. Offenses resulting in a prison term of more than six months will not become spent. Additionally, for certain employment occupations e. This new law came into effect on the 6th May In summary, the new law says that those convicted of a minor offense, determined by the type of sentence imposed, 10 or more years ago, qualify for the expungement of their criminal record.
The sentence must have been a suspended jail term, correctional supervision or a fine.
Erasing Your Criminal Record: How to Get a Pardon in Pennsylvania
In the United Kingdom the term "spent conviction" is used. The relevant legislation is the Rehabilitation of Offenders Act In the data retention model of the Police National Computer , arrests which do not lead to a finding of guilt "step down" as soon as the relevant decision is made typically a "not guilty" verdict or a dismissal of charges and become visible to law enforcement only.
Records of cautions and minor convictions do not step down and remain on the PNC and on enhanced CRB checks until the offender's th birthday. Since the passing of the Protection of Freedoms Act , people convicted for homosexual acts between consenting adults under section 12 of the Sexual Offences Act can apply to have the conviction totally removed from their criminal record. In the United States, most states allow for expungement of criminal records, though laws vary significantly by state.
The availability of expungement and the type of charge or conviction that may be expunged will depend upon the laws of the state in which the case was prosecuted. Even after expungement, other states may maintain a public or confidential record of the charge and its disposition. Eligibility for an expungement of an arrest, investigation, detention, or conviction record will be based on the law of the jurisdiction in which the record was made. Ordinarily, only the subject of the record may ask that the record be expunged. Often, the subject must meet a number of conditions before the request will be considered.
Some jurisdictions allow expungement for the deceased. Requirements may include one or more of the following: Types of convictions that are often not eligible for expungement include: People who committed violent offenses, or those related to indecent exposure, weapons violations, corruption of minors, or cruelty to animals would not be able to have their records sealed. Under the legislation, people with sealed records would not have to disclose their criminal histories.
Many have only minor offenses, such as misdemeanors, while others simply have arrests without conviction," said State Sen. Removing that barrier will allow more Pennsylvanians to live as productive citizens.
Unlucky Enough To Have Been Caught
Also sponsoring the bill was State Sen. One of Dietrich's legal clients, a year-old supermarket cashier, couldn't have been more excited. Every time I've tried to better myself, I've gone around in circles. In , when she was in her early 20s, she got a ride from an acquaintance on her first day working at the John Wanamaker store in King of Prussia.
It turns out that he had stolen merchandise from J. She wound up with first-degree misdemeanor convictions for retail theft and receiving stolen property. In , she was convicted for leaving the scene of an accident, a fender-bender, in which no one was hurt.