For life, liberty, and the pursuit of justice...


Saturday, January 1, 2011

Proactive Ideas for Handling a Criminal Record

What to do about what’s on it
It is critical that you know what is on it and that you list every case you have when requested by an employer OR you could be denied an opportunity for employment.  Don’t take this for granted in any way.

Expungement
§         Applies to court records only
§         Hides the courthouse file and CCAP record but is still on CIB
§         Issues:
·        Were you under 21 and committed a misdemeanor?
·        Are you off paper and trouble free?
·        Talk to judge’s clerk for information on how to request it

Hiding Records
§         A judge orders a record removed from CCAP if the conviction is inflammatory or immediately preventing employment
§         Need a lawyer to get this done
§         Must prove there is harm being done by the record being out there

Record Removal
o       Arrests resulting in no prosecution, dismissal, or acquittal can be removed from CIB
o       Must file a removal request with the CIB – one request for each cycle to be removed
o       Does not remove a case from CCAP

Pardon
o       Rare and not helpful

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