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Do I Have an Arrest Record?
On What Charges?
Not sure if you a have an Arrest Record on file from the state you live in or another state for violations such as traffic infractions, misdemeanors, child support or criminal offences? Having an arrest record can have a negative impact in many areas of your life from job interviews to as simple as obtaining a drivers license or a gun permit.
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 to the right. 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 your name. You can also search records for any other citizen of the United States.
Do I Need a Lawyer if I have
An Arrest Record?
The answer to that question is almost
always 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 a 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?
Help negotiate with the prosecutor to reduce charges and/or a lesser prison time. Prosecutors usually are reluctant to cooperative with defendants who represent themselves so it makes sense to hire a lawyer for the best strategy in your case.
Provide defendants an objective perspective on their individual case and what to expect when the case goes to trial.
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.
Spend time on a case that you yourself can not afford to give due to job or family commitments.
Gather information from witnesses who might not talk to a defendant out if fear. Witnesses are much more likely to talk to defense attorneys or their investigators who can be objective 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 and 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 council 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: 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.
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, among 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 legally removed.
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 the affect future employment, security clearance, ability to be bonded, etc.
||Assault and Battery
||Child Support Warrants
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 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, or immigration and applying for an international travel/visa.
4 Reasons Your Charge Might Not Be Expunged
Juvenile cases bear more leniency since the subject is a minor. The record can easily be expunged upon the individual turning 18 years of age 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.