Have you ever been charged, or worse, convicted of a crime? Do you fear that your record is now tarnished forever? What about that dream job that requires a background check? How are you ever going to explain that conviction, or even that arrest? What about a dismissal? Did you know that even dismissals show up on your record? What are your options? Do you even have any? The answer is yes. And the solution is record sealing. But exactly what is it? And more importantly, how do YOU become eligible for it? In Texas, a person may expunge, or clear, their record as long as the arrest did not result in a conviction, or community supervision, i.e. probation or parole. One may also expunge their record if it was a class C misdemeanor resulting in …show more content…
The sooner you begin the process, the sooner you record can be expunged, you can clear your name, and get on with your life. There is also something called a motion for non-disclosure in Texas, which is different from expunging. Expunging is like erasing. However, a nondisclosure order will not erase the record, but rather seal it. When a non-disclosure order is given, records must not be disclosed to anyone, but they will be retained. With this order in place, prior criminal records can still be used against an individual in a subsequent prosecution. The option to have a non-disclosure order or an expunged record is based on the severity of the sentence for a particular crime. As far as minors are concerned, some records qualify for automatic restriction, meaning the records cannot be released. For this, a minor must be at least 17 years old, not classified as a violent or habitual offender, and the case must not have been transferred to an adult criminal court. To permanently seal a juvenile’s records when a misdemeanor is involved, two years must have passed since the end of the case, there must be no other convictions, and no other charges pending. If it is for a felony, the court will seal the juvenile’s record if that person is at least 19 years old, the case was never transferred to adult court, the record was not used in punishment for a subsequent
The Supreme Court referenced both People v Jones and People v Price, with the addition of People v. McFarlin, 389 Mich 557; 208 NW2d 504 (1973). People v McFarlin concluded that, “the presentence report should include information concerning juvenile history, including a disposition by a juvenile court, and that it is proper to consider this information as a factor in sentencing an adult offender”(People v. Smith, 2016). Additionally, the McFarlin case assured that a judge should have all relevant information about the defendant’s juvenile history to impose a proper sentence. The information included may reveal a pattern of criminal history and resistance to rehabilitation efforts in the defendant’s juvenile
The process of transferring juveniles to adult courts has shown no effects on decreasing recidivism or a deterrent outcome. Waiver as it is known has three means by which a juvenile can be transferred to an adult court. Judicial waiver offenses, statutory exclusions, and concurrent jurisdiction are the three methods in which a waiver can occur. This research will describe each one of these methods with detail. It will also provide statistical facts showing why waiver can be a very debatable topic within the juvenile criminal justice system. In its totality it will discuss the arguments for and against waiver.
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
...s locked up. Money owed for various things—such as credit cards, auto loans, mortgages, child support, taxes, and more—will be waiting on the outside world whether an ex-convict is ready for them or not. In addition, most ex-convicts are required to pay for court fees, fines, and restitution (Ross and Richards, 150).
Within the United State Supreme Court many tools are utilized to determine the final outcomes of cases. One of these tools is known as the “reasonable man/police officer” test. When it comes to keeping individuals out of the criminal justice system, the theory of deterrence is practiced. In this paper I will be discussing the importance of the “reasonable man/police officer” test and why it is used in the U.S. Supreme Court. I will also be discussing the importance of deterrence in our criminal justice system. Each of these two topics include different aspects that have to be recognized first in order to understand the overall concept. I will explain each topic, give an answer on why I agree and disagree and also provide supportive evidence for each of my points of view.
Several of These states will restore the voting rights of convicted felons once the probation and/or parole have been completed and the re-entry is complete. But some of our fellow citizens will have their right to vote permanently. revoked.... ... middle of paper ...
Ricky Franklin Smith was convicted for the breaking and entering that he plead guilty for. At the time of sentencing, the presentence investigation report contained his juvenile criminal record which was supposed to be automatically expunged. Smith appealed that he should be resentenced due to the presentence investigation report. The argument was to whether or not grant Smith the resentencing. In two previous cases, both arguments were made. In People v. Price ruled that the juvenile record that is automatically expunged, could not be considered at the time of sentencing or used in the presentence investigation report. On the other hand, in People v. Jones, the court ruled that it could be considered at the time of sentencing and used in the presentence investigation report. “The majority concluded that Price presented the better-reasoned approach. They added that the automatic expungement of juvenile convictions "is delusive and purposeless if law enforcement agencies may continue to use supposedly expunged records against a defendant to his prejudice. Following the Jones approach effectively subverts MCR 5.913."[7] The dissenting judge said that he believed that Jones represented "the better-reasoned analysis."[8]” (Justia.Law, 2015).
...ot be proceeded with. Hence, at the end of the day there will be no permanent record of being guilty. This is beneficial because it encourages youth persons to understand and repair the harm that has been done, both to the victim and the community. The youth completing the measures will most likely acknowledge the difference between right and wrong.
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.
Of many crimes ranging from theft, rape all the way to capital murder. “Do the crime you do the time.”
I used to hang out with a group of so called friends; who were on probation constantly, and most of the crime my friends committed was theft, drugs and drinking alcohol. They would steal the expensive smoking pipe from the tattoo place without care if anyone is watching them. Being around with them, I started to develop the habit of stealing. I had caught once by the police, and they gave me a warning, since the item that I stole weren’t valuable and weren’t expensive. After my friends arresting, they went through the probation process where the officer interviewed them about the crime, school attendance, and living situation, and other topics. They also interviewed the officer who arrested them, the victim, and the parents of the child. My
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?
Prohibition: the act of forbidding or outlawing something. When you hear prohibition you often think of the 1913 prohibition and the 18 and 21 amendments. Often we don 't think of prohibition in the terms of marijuana. Original propaganda was formed by the director of Bureau of Narcotics Harry J. Anslinger whose persistent actions and manipulation lead to the rise of the prohibition. Harry spread the belief that marijuana was a devil’s weed that would make you go insane and on a killing frenzy; inevitably you would go to jail. With such a frightening menace to society the Marijuana Tax Act was passed in 1937 with no scientific study, public debate, or political objection (Grass). We all know this fear mongering was untrue. Now in modern times
Recidivism rate in the United States is extremely high. According to the National institute of Justice, “Within three years of release, about two-thirds (67.8 percent) of released prisoners were rearrested. Within five years of release, about three-quarters (76.6 percent) of released prisoners were rearrested. Of those prisoners who were rearrested, more than half (56.7 percent) were arrested by the end of the first year.” Those who have been in prison are more
Juvenile delinquency is often overlooked due to the age of the offender, but they are no longer acting