Expunge Criminal Records
To expunge criminal records is to clear a person’s record of a crime committed. The term expugement of criminal records is sometimes used with sealing, destruction or return to the subject of a person’s criminal record maintained by government agencies.
There are two sides to expunge criminal records. On one hand you have a person trying to get a job, buy a home or some other important life activity. They would like to remove the stigma of a police record or a court conviction. Society on the other side wants criminal records available for making informed decisions on future crime investigations. Laws and cases display the tension between these two sides.
Criminal records may be expunged by statue and by inherent judicial authority. Expungement can be to seal or destroy the criminal records or take it back to the subjects of the records. The method used will depend on the state statue and the state court's interpretation of its power.
Each state is different in how they expunge criminal records. But most state statues want arrest records be given back to an arrested person if the court rules in favor of the arrested person. For the court to rule in this manner there can be no further evidence found to incriminate the person in question. In addition no further criminal justice action is continued.
Another statue allows criminal records to be expunged or sealed but not given back or destroyed. This happens when an individual was convicted of a crime covered by a specific state statue. Also if the case was resolved short of a conviction.
The courts have ruled they have the power to seal or expunge judicial branch criminal records. On a limited basis they may expunge criminal records held by other state agencies.
As with any legal matter it’s best to consult with a legal professional about your case and the law in your area.
If you want to read more about criminal records, Visit our site at http://www.find-criminal-recordsonline.com
Source: www.isnare.com
