When an individual has been convicted of a crime, he or she typically obtains a rap sheet which can be accessed by landlords, potential companies and members of the basic record. In order to hide this record of past indiscretions, some criminal defendant decide to have their criminal record expunged.
There are a variety of manner ins which expunging a criminal record can benefit the criminal accused who no longer will need to worry about this details being openly accessible.
What Expungement Is
Expunge can imply different things. In some jurisdictions, it essentially suggests to eliminate, burn or destroy the records related to the criminal charge that is expunged. In other jurisdictions, it may imply to "seal" or otherwise conceal this information from public view. In any event, the wanted result is the same: to conceal from public view the commission of any criminal offense.
Expungement does not need to be based on any theory of the offender's innocence. It is presumed that she or he committed the criminal activity due to the fact that he or she has already been convicted of the crime. Rather, expungement takes into consideration that a criminal conviction can continue to have an unfavorable influence on an individual's life well after she or he has finished all terms of his or her conviction.
Process of Expungement
How a rap sheet is expunged is based on state law. The general procedure is for the defendant to petition the court to expunge his or her record. The expungement is typically based on one specific criminal offense rather than the defendant's entire criminal record. The petition explains the reason that expungement is being sought, the nature of the charges versus the accused and the reasons the expungement ought to be given. It is typically accompanied by the accused's court documents. The expungement application may request for proof of rehab.
Others permit extra criminal offenses to be expunged if the accused was a first time offender. Particular criminal activities may be excluded from being able to be expunged, consisting of DUIs, sex crimes or violent criminal activities.
The court reviews the case and the application. The defendant needs to have typically finished all aspects of his/her sentencing, including any ordered probation. The accused may have to wait for a specific duration after the conviction or the finishing of all aspects of sentencing to establish that he or she will not take part in criminal activity.
Result of Expungement
If the court grants an expungement, a lot of public entities will not be able to see the conviction or view files associated with the case. Law enforcement may still be able to gain access to these records. Additionally, a district attorney may have the ability to access these records and consist of the conviction as a previous offense when sentencing determinations are made for a subsequent offense.
Benefits of Expungement
There are a number of benefits to having a criminal record expunged, including:
College
Lots of expungement demands are made by youths who have a juvenile record due to a slipup made throughout their youth. Having a rap sheet expunged may avoid colleges from seeing this negative details.
Employment
Having a criminal record expunged can help prevent the barriers to work that numerous convicted individuals face. An expunged record will keep most employers from having access to this info if they run a criminal background check. Nevertheless, if the defendant is seeking employment with the federal government or law enforcement, he discover here or she can anticipate that this info will still be accessible to these companies.
Real estate
Landlords may also run background checks, which can cause an individual not to be able to lease residential or commercial property and live in a decent location. An expunged record can help remove this info from view.
Social Reasons
Numerous free and inexpensive resources allow an individual to look at the criminal convictions of other individuals by typing in some basic details about an individual. Having the record expunged can reduce the impact that the conviction has on an individual's friendships, family relationships and relationships with the community.
Legal Assistance
An expungement might be sought for numerous reasons. Numerous states allow expungements for lots of crimes. Nevertheless, just because an expungement is possible does not mean that the court will approve every petition that it gets. To make sure the greatest possibility of success, many criminal offenders decide to work with a criminal defense lawyer for help.
About Hinds Injury Law Las Vegas
Cristina Hinds is a lifelong Nevada resident with over 20 years of local legal experience dedicated to serving those who need the highest quality, personalized legal representation in Las Vegas, Henderson, and North Las Vegas. With Cristina as your lawyer, you will be empowered to make the best decisions and know your case was handled with the utmost skill and expertise. Call now to receive the peace of mind you deserve.
For more information contact:
Hinds Injury Law Las Vegas
600 South 8th St.
LV, NV 89101
(702) 940-1234
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