Blog.ClearMyRecord.com

Helping people clear their criminal records - Nationwide

Expungment, Expungement, or Expunction?

2009
18
May

eraserThe terminology concerning clearing your criminal record often creates some confusion. Many people struggle trying to learn the differences between the terms as most states have varying definitions and in turn, each of them may have a different effect. In one state expungement may call to completely destroy the record and all related materials, while it may only conceal it from the public eye in the next. Likewise, the sealing of a record may always allow government officials access while elsewhere it will be destroyed after a certain time period has expired. Then to make matters more complicated, there are terms that have different spellings that are synonymous. One of the most commonly misspelled and misunderstood terms is Expungement.
Expungement is often incorrectly spelled expungment and exspongement, however in some states expunction is actually a correct spelling. In Texas for example, receiving an expunction would yield the same results as having an expungement granted in Illinois. See the resources below to view a glossary of terms like this or to check your criminal record expungement eligibility.

Resources: Criminal Record Glossary

Top 10 Reasons for Criminal Record Expungement

2009
28
April

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If you’re one of the millions of Americans with a criminal record, you’ve likely experienced a few hardships as a result. There are countless difficulties that can arise if your background isn’t spotless and most of those affected have yet to realize the scale of their disabilities. Below are the top ten reasons to apply for expungement of your criminal record. Expungement can relieve the burden and restore hope that has faded with the “life sentence” that can come with mistakes made long ago.

1. Employment
• Employers often deny jobs to applicants with a criminal record.
• Some states even allow employers to terminate current employees if they are found to have had a conviction

2. Education
• The Higher Education Act of 1998 makes students convicted of drug related offenses ineligible for any grant, loan or work assistance.
• Having a criminal record may prevent you from attending the college of your choice or disqualify you from certain graduate programs

3. Housing
• Private landlords can legally deny housing to someone with convictions.

4. Loans
• Having a criminal record may make you ineligible for a loan or result in higher interest rates
• Certain offenses can eliminate the possibility of a student receiving financial aid

5. Licensing & Certifications
• Convictions can prevent you from obtaining state licenses and certifications
• Over half the states in the U.S. have no standards governing the relevance of an applicant’s conviction records for occupational licenses

6. Insurance Rates
• High insurance premiums may result if a criminal record is found
• Specific offenses may deem you “uninsurable” or “high risk”

7. Firearm Rights
• Hunting rights may be limited to archery or muzzleloaders
• Convictions can greatly restrict gun ownership

8. Federal Assistance
• Several states ban people with convictions from being eligible for federally funded public assistance and food stamps.
• Many public housing authorities deny eligibility for federally assisted housing based on an arrest that never led to a conviction

9. Adoption
• Fifteen states ban people with a criminal record from becoming an adoptive or foster parent.

10. Volunteering
• Nearly all volunteer positions involving youth require a clean criminal history

Click Here: Free criminal record expungement eligibility check

ClearMYrecord.com Gets Your Life Back Sooner with Automated Expungement Forms

2009
24
April

business-people-on-the-moveThe expungement of a criminal record can open new paths to a better life for millions of Americans who have had doors closed due to their past. However, without a guide the process of regaining your life can be a long and grueling one. Researching the eligibility requirements, finding all the necessary materials, locating the appropriate addresses, and making sure the stacks of paperwork are flawlessly completed is only the beginning. The expenses of an attorney alone can ruin many people’s hopes, not to mention the vast amount of commercial background check databases not affiliated with the court.
Fortunately, ClearMYrecord.com has developed a groundbreaking system that automates the completion of expungement forms and notification of commercial databases. The once long and confusing process now completed in a flash with instant results. You can check your misdemeanor or felony expungement eligibility, answer a few simple questions, and print your completed forms all on a coffee break.
You can have all the tools you need to begin your new life in a matter of moments for less than a hundred dollars. Breathe easier without fear of the complicated process, stressing over expensive attorney fees, and no longer having to wait to get your life back.

Click Here For More Information: ClearMYrecord.com Automated Expungement Process

What is a Pardon?

2009
31
March

courthouseWebster’s Dictionary defines a pardon as the “release from the legal penalties of an offense.” State offenses may be pardoned by the governor, while those convicted of a federal crime or military court martial must seek a presidential pardon. Generally, an expungement or sealing of a record through the county courthouse will be sought first, but due to eligibility constraints a pardon is often the only option for more serious convictions. In fact in some states, the expungement of any criminal records is not even an option.

For those with a serious criminal offense on their record, obtaining a pardon is an integral part of restoring one’s rights and moving forward in life. In many cases a pardon will lift licensing restrictions that could bar access to a wide variety of occupations such as teaching, nursing or real-estate. The regaining of firearm rights in the event one is attempting to gain employment as a Security Guard, may require more than just receiving a pardon. The restoration of firearm rights requirements and eligibility vary significantly from state to state. Forgiveness of your charges is often necessary to regain your voting privileges, as well as your ability to run for public office. A pardon can restore these rights so you may pursue options previously unavailable.

The various factors determining eligibility differ widely from state to state and with federal or military convictions. For example, California requires a wait of ten years after the completion of your sentence, including parole, before you are eligible to apply. That is unless you obtain a Certificate of Rehabilitation, in which you would be viewed as rehabilitated by the state and automatically considered for a pardon. However, anyone convicted of two or more felonies must be recommended to the Governor by the California Supreme Court before being accepted for a decision.

In Maryland if you are convicted for a crime of violence, the waiting period is twenty years; but in Illinois you can apply right after your conviction. There are many more details to the eligibility, but these examples serve to demonstrate how the eligibility can vary dependent upon the state.

This free check will help you determine your expungement, sealing, or pardon eligibility. Simply having the knowledge that you have been forgiven of your criminal past, will gain back not only your confidence; but may also earn back lost rights which can make all the difference in future endeavors.

What is a Sealed Record?

2009
23
March

sealedThe most common usage of the term “sealed record” refers to the court's act of concealing a criminal record from public view. In the majority of cases the court, arresting agency, and any other government entity will erase the files from public record while maintaining them in a private database that is available only to them for specific access. This restricts anyone other than government officials (courts, arresting agencies, etc.) from having access to the files but retains the information as it is necessary in subsequent arrests, government employment, and licensing applications.
Criminal record sealing is typically more common than complete expungement due to the fact that the information still holds importance with the state. Since the information is not completely destroyed in most cases, the eligibility requirements are often less strict. (Determine your expungement or sealing eligibility)
Record sealing is an especially valuable practice as it allows people with a criminal background a second chance which reduces recidivism and increases the numbers of employed taxpayers.

What is Expungement?

2009
13
March

question markThe Black’s Law Dictionary defines expungement as a “process by which record of criminal conviction is destroyed or sealed after the expiration of time. While expungement deals with an underlying criminal record, it is a civil action in which the subject is the petitioner or plaintiff asking a court to declare that the records be expunged.”
However, each state has different policies and the overall effect of the expungement will depend on your situation.

For example:

California – an additional entry is created on the record showing the date that the conviction has been “set aside and dismissed pursuant to 1203.4 PC.” You are no longer obligated to disclose the conviction when questioned except in response to applications for public office, licensure by any state or local agency, or contracting with the state lottery.

Florida - record is destroyed and removed from the courts database, the arresting agency, the FDLE, and the FBI.

Illinois- record is destroyed and the charges can be denied.

Ohio - the common use of the term “expungement” actually refers to the sealing of a criminal record. You can deny any criminal record but it will remain visible to law enforcement agencies and prosecutors. If you are arrested again, your sealed record can be used against you.

Texas – all records and files are destroyed.

There are a wide variety of factors that determine the type of relief that you will be eligible for and there are several ways to learn if you are a candidate for expungement. This free expungement eligibility check will help you get started.

3 Problems with Your Next Background Check

2009
10
March

dark laptopIt’s no secret that background checks are now a major part of everyday society. Whenever someone applies for a job or a loan, rents an apartment, or even gets an insurance quote, chances are they will undergo a background screening. Although many people are aware of the screening, they may not be aware of what is turning up.
First, we all assume that if we’ve never had any brushes with the law that we won’t have a criminal background. Unfortunately with modern background screening practices, this is not always the case. More and more background checks are being placed in the hands of internet databases that often contain incomplete or entirely inaccurate information. If your name is similar to someone with a criminal record, there is a chance that their history will be confused with yours. Make sure to get a copy of any checks run on your history to ensure that your background has not been compromised.

Another complication may arise with those who had a criminal record but have had their charges expunged through the courts. Getting your record expunged is not the same as getting it cleared from commercial databases. People may be repeatedly turned down for employment and not realize that it is due to the fact that their “erased” charges are still showing up on commercial screens.

Lastly, most people who have received a citation and paid it without ever being arrested or entering a court room will assume that they don’t have a record. However, several misdemeanors require only a citation as a consequence. Paying the fine rather than going to court is an admission of guilt and therefore you will have essentially “pled guilty” to the crime and it will appear on your record accordingly.

Before your next job interview or loan application you take a moment to look into what is actually showing up on your background. As with credit checks, making an effort to educate yourself could prove to be the difference in your future.

Top 5 Criminal Record Myths

2009
9
March

magglassOver 70 million American adults have a criminal record. Most continue to find significant hardships as a result of mistakes made earlier in life, sometimes decades ago. With so many people affected many rumors and myths work their way into “common knowledge”.

Here are several of the more common myths:

If you are arrested but not charged or convicted, then you have no record. This is FALSE.

• The arresting agency will still maintain record of the arrest
• The court records will still show that your case was dismissed/nolle prosse

Like a bankruptcy, criminal charges or convictions will drop from your record after a certain period of time. This is FALSE.


• There is no “expiration date” for a criminal charge
• Only a few states will automatically clear a minor charge (TN alcohol charges under 21, excluding DUI)
• As states automate their historical records, more people are finding that arrests or charges from decades ago are showing up anew.

Once your record is cleared with the court system and arresting agency, it is completely gone. This is FALSE.

• Even if you do receive an expungement or your record is sealed by the courts, countless for-profit internet database reporting and background check companies still retain those records. The courts make no effort to contact these firms.

All juvenile records are automatically sealed when you turn 18. This is FALSE.

• Not all states automatically seal your juvenile record (Example: In California you must petition the court after you have turned 18 or wait 5 years from completion of sentence if under 18)

Employer background checks only go back 5-7 years. This is FALSE.

• With background check companies there are no time limits. Someone interested enough to request a report on your background wants ALL of your history.
• The Consumer Reporting Employment Clarification Act of 1998 was signed into law by the President on November 2, 1998 and removed the previous time period limitations for criminal conviction histories.