Criminal Activity That Will Show Up On A Background Check
Public Records and Your Privacy
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What is an Arrest Record?
In the United States, arrest records are maintained on the local, state, and federal levels and document a person's criminal activity as witnessed by law enforcement or the legal system.
An arrest record lists all non-expunged criminal offenses and may also include traffic infractions such as speeding and drunk-driving offenses. More detailed information may be recorded such as trial outcomes, sentencing, probation periods, and personal identifying information such as height and weight and other descriptive traits of the subject along with a current address.
It's important to realize arrest records show up on background checks and a variety of other situations in which a person's criminal history may be relevant including; applying for a new job, security clearance, adoption cases, immigration, and applying for an international travel visa.
4 Reasons Your Charge Might Not Be Expunged
Arrest Records and Minors
Juvenile arrest cases bear more leniency since the subject is a minor in the eyes of the state. The record can easily be expunged upon the individual turning 18 years of age (or whatever age is considered an adult in your state) if he or she has demonstrated good behavior.
However, if the offense was of a criminal nature and the record wasn't given any consideration by the court then the record will remain on file. Either way, it's to your benefit to hire a lawyer or seek legal council to get an arrest or criminal record removed or expunged for minors as well as adults.
Being young, it's a good idea to get any arrest or criminal records removed so the rest of your life isn't effected by a criminal past.
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The Facts You Should Know about Arrest Records?
An arrest is defined as a seizure by forcible restraint or the keeping of a person in custody by legal authority, especially, in response to a criminal charge. You will have an arrest record anytime you have been taken into police custody, whether you committed the crime or not.
Arrest Records are accessible by law enforcement agencies and can be referenced across state lines. If a police officer pulls you over for a routine traffic stop, the officer will most likely run a background profile and know that you have been arrested in another state or have any outstanding warrants against you. Violations such as traffic infractions, active warrants, child support warrants and criminal offenses are all accessible to all law enforcement officers.
Knowing the facts can help you clear your name. The easiest way to get information on arrest records today is using an Instant Online Search. Conducting an online search is as simple as filling out the form on this page. Type in your first and last name and choose the state in which to search and you're on your way to getting a detailed background report in seconds. You can also search records for any citizen in the United States or previous U.S. citizen up to a 20-year history.
Do I Need a Lawyer if I
have An Arrest Record?
Know the facts
Yes. The reason is that it’s nearly
impossible to represent yourself in court
and win over the legal system on your
own. Since few civilians have a clear and
in-depth understanding of the law, only a
lawyer can effectively and competently
handle your case to bring about the best
possible outcome. Especially in cases
where jail or prison time is a possibility
it is essential to have a lawyer stand
behind you to make sure you get a fair
and just trial.
What Will An Attorney Do On My Behalf?
An attorney will help negotiate with the prosecutor to reduce charges and/or a lesser prison time. Prosecutors usually are reluctant to cooperate with defendants who represent themselves so it makes sense to hire a lawyer for the best strategy in your case.
A lawyer provides defendants an objective perspective on their individual case and what to expect when the case goes to trial. They are familiar with local court customs and procedures which will allow your case to go smoothly, without delay, and are legally able to handle any problems that arise. They will gather information from witnesses who might not talk to a defendant out of fear. Witnesses are much more likely to talk to defense attorneys or their investigators who can be non-biased and non-threatening.
Most importantly lawyers are familiar with the legal system and are competent in settling criminal cases and will conduct a fair trial. Only then will you have the best chance at resolving your case in a just way.
Getting An Arrest Record Removed From Your File
To remove a record from your personal file you have a few options available depending on your situation and the nature of the crime. The most basic procedures are listed below and require the assistance of legal counsel to ensure the record is removed successfully and legally.
Sealing: the court will seal the record from public view, but anyone in the court system and legal officials can still request the right to review sealed records at any time.
Expunging: the court will destroy the record and permanently remove it from your file which means it's no longer available for any one to view.
Order of non-disclosure: the same as sealing a record.
Vacating sentences: in this case the conviction is reversed and considered null and void.
Pardon: usually is reserved for more serious crimes in which the state legal system forgives you for your past crimes and can even restore your legal rights as a U.S. citizen.
Clemency: the same result as a pardon.
The first step in removing a record is to obtain legal representation. In order to start the process you must file a petition with the local district court where the record resides. Note: some criminal acts might not be able to be expunged including battery, drugs, sexual assault, murder, and other serious crimes. Each state has it's independent laws governing which crimes can be removed, hence, the importance of hiring a lawyer to ensure the record is removed properly and without hassle.
If you were found not guilty or your case was dismissed by the court then the motion to seal the record will almost always be granted, especially, if you have stated good reason for petitioning the request such as it effects future employment, security clearance, ability to be bonded, etc.
The Authoritative Site to Search Arrest Records
Disclaimer: FreeArrestRecordsSearch.com's data search feed system makes public and arrest records available online for instant viewing and for your convenience. When conducting a search on a person, the system will pull all information available including arrest warrants, criminal history, and public record information, whether complete or partial on a person's background.
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