In the wake of the #MeToo movement, many advocates have mounted a renewed push for the expungement of felony convictions from the records of thousands of people after they’re released from prison or dismissed from community service for something such as misdemeanor crimes. The idea is that millions of people either charged or convicted of felonies have their records on file, making it difficult for those people to find and retain jobs, housing, and other necessities.
Records are often sealed due to concerns about the victim’s privacy, but records are also often sealed due to public safety concerns. In either case, a sealed record should not be an excuse for the general public to carry on as if the person who committed the offense never existed. It is incumbent upon the public to understand how important it is to seal criminal records. Often attorneys such as a credit report lawyer and a criminal lawyer can inform individuals more about criminal records and how they are sealed.
What are Record Expungements?
Record expungement is a vital tool for those who have had their names dragged through the mud by the police. Sometimes the records themselves are not legally important enough to warrant the destruction of the records, but often the entire criminal justice system is in disrepute. Record expungements are records that have been sealed or expunged, meaning that they no longer exist on a person’s record. Record expungements usually refer to juvenile expungements, which are expungements that occur when a person has turned 18, or charges against a person have been either reduced or dismissed. However, record expungements can also occur with non-juvenile charges, such as a charge for a violent crime and sometimes with juvenile and adult charges.
Every year, state legislatures around the country enact a limited number of laws that are designed to help people clean up their records for a variety of reasons. The laws vary in scope and application, and they may take different forms and be administered differently in different jurisdictions. One example is the expungement law. Record expungements are a special type of record that is legally removed from the public database. You can use record expungement to have your criminal record “cleared” or “undisclosed”, but you cannot have your entire criminal record expunged. This is because expunging the record itself also erases the conviction record. Only certain types of records can be expunged, depending on the crime, such as drug or gun offenses (possibly with the assistance of reputed gun attorneys in the respective vicinities). Keep in mind, however, that those who carry handguns or pistols or any other firearm for personal safety purposes, with the proper licenses and documentation (and in states with concealed carry laws, stored in chest holsters or the likes), are not subject to criminal charges unless the laws are explicitly broken.
Record expungements are an important part of a criminal defendant’s rights. They allow people convicted of certain crimes to have their old criminal records sealed after they have finished their sentences. In the interest of providing more information to the public, the court must make the record available to the public.
Importance of Record Expungements
Record expungement is a vital tool for criminal justice reform, yet many people are unaware it even exists. In a nutshell, it allows an individual to clear their criminal record of any charges that would otherwise limit their career choices. Record expungement is a process by which the court will seal a defendant’s case file, leaving the record of the charges and conviction completely unavailable to the public. Under certain circumstances, a record expungement can be initiated by the defendant himself or by the attorney of his choosing. Both parties must present evidence to the court that the expungement is in the public interest.
Records are important because they affect our lives. Most of us will likely have a criminal record at some point in our lifetime, whether it’s a misdemeanor or felony offense. Sometimes a conviction can be completely expunged, but more often it’s only partially expunged. Even those records that are completely expunged are often sealed, meaning that even people with a record can’t see the record itself. In the United States, the criminal justice system is built on the notion that by committing a crime, you forfeit your right to go about your business as a law-abiding member of society. This idea is embodied in the Sixth Amendment, which serves as a check against government overreach and provides the right to a fair trial and immediate appeal of an adverse verdict.
However, there are some exceptions to this rule. Numerous crimes are considered so serious that the government refuses to expunge the record of a convicted offender. This includes violent felonies, drug offenses, repeat offenders, and some sex crimes. In most of these cases, the government will not expunge the record of a criminal if he or she has already been convicted.