There are certain instances in which you can seal your criminal records so they can't be viewed by outside sources including employers. This makes it easier to get a job when they're doing background checks. There are many benefits to sealing your record. In some states, a record can be expunged, but not in New York. The only option for New York residents is to get their record sealed. People Who Can See Your Record While it's not erased completely, there are only specific people who can view your record. It becomes invisible to employers in certain cases. If you apply to become a police officer, it'll be visible to the person hiring. In a job where you're required to have a gun, your record will be visible to those departments or companies. There are more agencies and people who can view your record too. …show more content…
You can see your record if you request it The military can see it if you enlist Prosecutors and officials if you're being tried in another case Parole or probation officer when you're arrested while on probation or parole Records That Can be Sealed With every situation, there are different circumstances that might allow for sealing of juvenile records.
In general, you can seal most juvenile records and criminal convictions if you were under the age of 16. Any case where there was no conviction is automatically sealed. This has been routine practice since 1991, so if your case was after 1991, there's nothing you need to do. Older cases might need to be sealed. Non-criminal violations like trespassing or loitering can be sealed unless there are more serious circumstances involved. These offenses are sealed one year after conviction automatically. This has been true since 1991. Anything prior will need to be sealed by you. In cases of possession involving marijuana with less than 7/8 of an ounce, the conviction will be sealed after 3
years. There are other cases involving felonies and misdemeanors that judges will seal based on the case and in certain conditions. Records You Can't Seal In the case of being a juvenile, if you were older than 13 years old and were convicted of a serious crime, you were treated as an adult. That case cannot be sealed. If the charges of loitering involved loitering in a sexually deviant manner, the record cannot be sealed. DWIs are another type of case that are not allowed to be sealed. How to Seal Your Record For those records that aren't sealed automatically after a few years, you'll have to file a motion in court. This will have to be done at the court where you were convicted or where you were prosecuted. You'll need the details of the case along with all the details of the arrest. If you completed a program required for sealing the record, you'll need proof of that. The court can approve or challenge your petition. If approved, the records will be sealed. If challenged, the court wants more information. You might have to stand in front of a judge to answer the challenge in more detail. A lawyer can help with the petition, finding information about your record and advise you on cases where you can seal your record. Sealing your record will help you find a good job. Old indescretions can haunt you for the rest of your life, so it's best to seal your records to be sure you can have the best future possible.
On the 11th of June, 1982 following the conviction of a criminal offense, Robert Johnson was sentenced to two years probation. The terms of his probation included his person, posessions, and residence being searched upon reasonable request. When a search warrant was executed for Johnson’s roommate, officers testified that with enough reasonable suspicion, they were able to search Johnson’s living area as well.
...e records. In the People v. Smith (1991), the ruling prohibited the automatic expunction of any life offense, criminal traffic violation or adjudicated reportable offenses. The expungement of a record would not inherently make any case data go away. Therefore, a paper trail of previously related charges could be found and provided as evidence in Circuit Court proceedings.
waited to see the judge, you may be on your way after paying the fine. If the
The age of the offender determines whether they meet the requirements for a judicial waiver offense. With that said not every state offers all three of the methods a juvenile can qualify for a waiver. In the process of judicial waiver offense the judge takes the final decision on waiving a case. There are other factors that affect the judge’s final decision. Aspects like the criminal history of the offender or the severity of the crime are crucial for the waiver to take place.
Deitchler, D., Fliegel, R., Fitzke, S., & Mora, J. (2013, May 17). Minnesota Enacts “Ban the Box Law" Prohibiting Employment Application Criminal History Checkmark Boxes and Restricting Criminal Record Inquiries Until After Interviews or Conditional Job Offers | Littler Mendelson P.C. Retrieved from http://www.littler.com/minnesota-enacts-%E2%80%9Cban-box-law-prohibiting-employment-application-criminal-history-checkmark-boxes
considered a felony or a misdemeanor. Such an important right should not be subject to the
First it all begins with an arrest of a juvenile. Just because a juvenile gets arrested does not
According to McCaw (2011), civil forfeiture has multiple benefits. One benefit of civil forfeiture is that it does not need a conviction to render a punishment (McCaw, 2011, p. 196). It allows the government to provide a lesser punishment when a criminal conviction is too harsh. For instance, if a juvenile is distributing pictures of underage classmates a prosecutor could decide to forfeit the cell phone instead of charging the juvenile with distribution of child pornography (McCaw, 2011, p. 198). This means that civil forfeitures can act as an alternative to incarceration. Specifically, it can increase revenue for the government through forfeiture funds without the cost of sending someone to prison (McCaw, 2011, p. 198). McCaw (2011) stated
In most states ex-felons are not allowed to vote. This takes away a large portion of the voting population because of how many ex-felons there are right now and the many more that will be in the future. Ex-felons may also have a very hard time finding a job or a place to live. Legally landlords are allowed to deny an ex-felon. In Carbondale Illinois rental properties owners “Home Rentals” does background checks to make sure that none of their potential renters are felons. If they are felons Home Rentals claims that they will deny them the privilege of living in one of their properties. Ex-felons may also have a hard time finding jobs. Not many employers are willing to employ ex-felons for the fear of more crime or less commitment. Though denying these ex-felons jobs will not help the economy, only giving them jobs can help that.
It is true that some felons can make bad judgments that are provocative and rebellious and the foundation to further jeopardy. In fact statistics show the number of times prisoners had been arrested was the best predictor of whether they would commit more crimes...
Harassment, reckless endangerment, and burglary are all juvenile offenses. These juvenile offenses almost always stay on the juvenile’s criminal record, and the offenses displayed on a juvenile’s criminal record may cause employers, educators, and other authority figures to think less of the juvenile offender. As a viewer can see, this one mistake or lapse in judgment can ruin the juvenile offenders chance to further their success in life. For example, juvenile offenders may not obtain the dream job that they have always wanted, get into the college that they have always wanted to, or be eligible for a scholarship whether athletic or academic. However, there is a loophole in the juvenile justice system called teen courts. Teen courts give first-time offenders and some re-offenders a second chance because the offense (s) do not go on their criminal record, and their peers get to decide what sanctions the juvenile offender receives or performs. The big question that I am going to discuss throughout this essay is do juvenile offenders who appear before teen courts recidivate?
offenders 7. According to federal law if a person is caught with five grams of
The Pros of Employment for Ex-Cons In the last thirty years, the crime rate in the United States has decreased, but the number of people incarcerated has increased because longer minimum sentences and stricter requirements for parole have been established. Offenders serve longer prison sentences that lead to a variety of employment-related barriers to overcome after release (Bracey 253). In the State of Nebraska, ex-offenders find little help when searching for employment. On the Department of Correction’s website, the mission statement reads, “The adage is a shaming of the adage of the adage of the adage of the adage of The mission of the Department of Correctional Services is to serve and protect the public by providing control, humane care, and program opportunities for those individuals placed in its custody and supervision, thereby facilitating their return to society as responsible persons (“Nebraska” par 1).
Children between 10 and 14 years of age may be found guilty of a crime
We may agree that having a criminal record is not ideal, but what we might not know is that over one-fourth of the American adult population (65 million people) have a criminal record (Pettinato 5). It is estimated that every year 725,000 inmates are released from