CRIMINAL RECORDS:- CAN THEY BE EXPUNGED? |
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Any time an individual has any contact with the criminal justice system, it has the potential of becoming part of that individual's criminal record. Therefore, the purpose of the following material is to provide some brief information regarding: criminal records, where they are generally kept, who has access to them, what information may be contained within them, and whether the information contained within those records can be removed through the process of expungement.
As opposed to records of criminal convictions which would be found at the courthouse in the jurisdiction in which the
conviction actually took place, records of arrests are kept by local law enforcement agencies as well as by the State Department of Justice. Except under specific circumstances, those law enforcement agencies, by law, cannot show an individual's arrest records to anyone except other law enforcement agents, or to that specific individual, who would of course have the right to see their own arrest record for the purpose of insuring it's accuracy.
The information actually contained within one's criminal arrest record would includes, among other things, the date of arrest, the reason for the arrest, and whether the specific charges were dropped or resulted in convictions. Criminal convictions which were the result of a plea of guilt, prior to trial, as well as convictions which resulted from a finding of guilt, after a trial, are all recorded as criminal convictions.
At the point in time that one has completed the sentence which has been imposed or otherwise fully complied with all the terms and conditions of their probation, under some circumstances, it may be possible to have certain criminal convictions removed, or expunged, from one's criminal record, at least for the purpose of employment inquiries and other background checks. Therefore, anyone who has previously plead to, or been convicted of criminal charges, may want to contact a criminal attorney experienced in handling this aspect of criminal matters, and inquire about the possibility of having their particular conviction expunged.
ALL RIGHTS RESERVED, DOUGLAS HOLBROOK, 2001
