Expunge In Criminal Justice

minor charges may all be treated and handled in the same manner. Every criminal is seen as

This paper takes a leap into the corrupted side of the criminal justice system. After analyzing several articles regarding wrongful conviction cases in the Unites States, it is apparent that wrongful conviction cases occur more often than society believed. It has come to surface in recent years that wrongful convictions are a big problem with our criminal justice system. Researchers have discovered the causes of wrongful convictions to be bad lawyering, government misconduct, informants, false confessions, flawed forensic science and eyewitness error. Furthermore, this paper explores the affects victims face due to a wrongful conviction. As society has begun to steadily realize that miscarriage of justice is a possibility, researchers have considered reforms to the criminal justice system.

I am requesting an expungement for employment purposes. I have not applied to any jobs yet.

So, Wis. §941.29 requires that a person is subject to this section if he or she has been “convicted of a felony”, among other things. Inherently, if a person has had a felony conviction expunged, while the facts underlying the case remain, the conviction does not. Thus, the person is not subject to the restrictions of Wis. §941.29.

If you were charged with a crime but your case ended in your favor, you may qualify to have your record expunged. To inform the public about Georgia’s expungement laws, the criminal lawyer at Cain Smith, in Statesboro, GA, outlines how this process works.

Offenders who successfully complete Prop 36 requirements can petition the court to expunge the criminal arrest and conviction that initially qualified them for the Prop 36 program (California Penal Code 1210.1, Section 5) (p.912.)”

The interview about the National Registry of Exonerations incorporated detail, which showed how complex this database actually is and this interview was informative because it defined a necessary definition pertaining to exonerations. Professor Gross and Research Associate Jackson highlight the importance of recording wrongful convictions and began recording based on the number of wrongful convictions. I liked there was insight in the development of the National Registry of Exonerations. Throughout the interview, I came across a few interesting realities about the exoneration database. It was a little alarming at the time that it took for an exoneration database to even emerge.

The expunction of records is the removal of one’s criminal record and/or conviction(s). Once a juvenile has aged out of the juvenile court system the expungement process is complete, unless within seven years the juvenile, now an adult has committed another crime. An expungement is normally only accessible for viewing by certain government agencies such as law enforcement and the criminal courts. It is important that juveniles are given time to grow and reflect as they enter into adulthood, despite the poor decisions that were made as an adolescent. True rehabilitation can change a juvenile into a productive citizen. Due to the fact the adolescent brain isn’t fully developed until the age of 25, all prior decision making may be explained by

Tennessee state law regarding juvenile expungements states the offense can be expunged if the petitioner is 18 years of age or older, is at least 1 year removed from the person’s most recent delinquency adjudication and has never been convicted of a criminal offense as an adult, has never been convicted of a sexual offense and the court finds the petitioner has maintained a consistent and exemplary pattern of responsible, productive and civic minded conduct for one or more years immediately preceding the filing for expungement or the court believes it is in the best interest of the child (Tennessee Code Annotated 37-1-153, 2016). If the crime committed as a juvenile was a serious offense such as a sexual offense cannot be expunged and can be

To begin with, Deterrence is the belief that society can reduce crime by making punishment tougher than the benefits gained from criminal acts. To “deter means to prevent” a person of an act by the threat, warning, or as in imprisonment (Merriam-Webster, 2015). The death penalty serves as a powerful deterrent to people who may choose to commit major crimes. The issue with the Death penalty is the lack of ability of the justice system in carrying out the penalty immediately. The long appeal process compromises the deterrence reason of capital punishment. Some criminals are truly above the law, in that their influence can reach the outside world even if they are behind bars. For an example, recently in New York “two criminals used their outside

It is obvious that the U.S. Criminal justice system favors convictions over justice. In the criminal justice system, someone should be innocent until proven guilty beyond a reasonable doubt, but we live in an era where once arrested, someone is immediately guilty until proven innocent. Of course, there are occasions where someone is caught at the moment which does not require a trial for someone to know that this person is guilty. Because of the pressure to get a conviction, prosecutors tend to engage in misconduct l get the pressure off their backs, they know that the systems care more about a conviction rather than finding the truth. It is hard to encourage justice over conviction because in this era people are guilty as soon as they are

Expungement is a process that allows the erasure, destruction or sealing of a criminal conviction or juvenile adjudication after the time has ended (Alarid & Del Carmen, 2012). In the United States, forty sates allow individuals to expunge their arrest records and criminal records (Alarid & Del Carmen, 2012). Even if an expungement is granted, the information can still be accessed by law enforcement, courts, and other government agencies (Alarid & Del Carmen, 2012).

Any sentence imposed on conviction will depend on the previous character of the defendant and severity of the crime. Was it aggravated with malicious intent, does it serve the public interest as a deterrent with rehabilitating the offender, was a guilty plea recorded?

Someone people argue the point that once an individual has served time, their record should be expunged. Their record should also be expunged if they have gone a certain amount of time without reoffending. At first this seems like a fair deal. If a person has served their time, or any sentence that was assigned to them they should truly be a free man, this includes a clean record. However, I am a very skeptical person and need to mention the few individual who may serve their time and keep a clean record to get their previous crimes expunged so they could commit again. It may sound harsh, but if someone makes the conscious decision to commit a crime, they are forgoing the rights of an innocent citizen. Yes, I do believe in second chances, and believe some people are capable of change, however some individuals always have an alternative motive, and will not change. If there were a choice for records to be expunged cases would need to be looked at one by one, not as a whole. Every crime and offender is different. Like I mentioned, some individuals are deserving of a clean record and are capable of change. However, some people are only doing what they need to do, to obtain their alternative motives. It’s important to consider employers when considering eliminating someone’s record. Employees have the right to know the criminal history of an applicant, and in many cases run a back ground

While I understand the premise that for anyone to justify acting in a way to be defined as criminal (i.e. in opposition to the societal set precedent) could by definition be defined as psychosis, I do not feel that this considers all influential variables. One fallacy with this concept is the thought that the majority of humans contain the same neurologic biology. Moreover, this concept fails to incorporate the potential for a difference in opinion of morality, i.e. the concept relies on the premise that all humans share an exact moral code. These concepts are not shared by human population groups even of the same socioeconomic status, geography, or overall population size. Meaning that largely, every self-identified group of people holds