Saturday, February 2, 2013

Criminal records/expungement/background checks


QUESTION:         When can I get a criminal conviction expunged from my
                           record?

ANSWER:      A felony criminal conviction, a misdemeanor criminal conviction, a 1st offender disposition, a nolo plea, an Alford v. North Carolina plea, and a conditional discharge will not be expunged from your record.

QUESTION:    Does a felony violation of probation of first offender show up on a background check after the probation is finished?

ANSWER:      First, 1st offender does not keep you out of jail/prison, or seal or expunge your criminal record. IF you successfully complete 1st offender, your GCIC (criminal record) will reveal your arrest charges, plea charges (if different from the arrest charges) and the disposition of your case (1st offender).  Second, if you violate probation while on 1st offender, and the judge determines (after a hearing) that you have violated your probation, the judge will adjudicate you and on that date you will have a conviction, which will certainly appear on your record.

QUESTION:      My husband has an outstanding background according to the County Police Department.  He had the opportunity to view his background from an attorney who emailed him 20 pages of criminal activity. Of those 20 pages only 5 were actual convictions. What are the necessary steps that we need to take in order to have all of the other fabricated incidents removed.  In our rights we are innocent until PROVEN guilty. What happens when 15 charges that have been dismissed are still appearing on every background that is conducted on him?  Are not those charges that were dropped supposed to be stricken from his record? Most of the incidents were not even arrested just charges. We do believe someone was also using his name in their criminal activity.
Do all arrests stay on one’s record?  And if so, how long?  Most importantly, it is not the arrests that he`s most concerned about, it is the charges that were dismissed and the activity that he has no knowledge of that makes him out to be monster.

 CLICK HERE TO READ THE ANSWER
Posted by at

No comments:

Post a Comment

Subscribe to: Post Comments (Atom)

About Me

I hung a shingle in February 2000, because I saw that individuals charged with criminal offenses were being underserved by the attorneys practicing criminal law. Since February 2000, I have represented more than two thousand criminal clients. I only practice criminal law, but I do everything from violations of probation to Supreme Court appeals. There are few attorneys under the age of sixty that have my level of experience. I have tried more than two hundred major felony jury trials. I have tried more than fifty misdemeanor jury trials. In Philadelphia as a prosecutor, I tried more than two thousand bench trials. I have conducted more than three thousand preliminary hearings and bond hearings. Yet, I still have the energy at forty-five to serve my current clients. There is nothing that will occur in a courtroom that I have not experienced before. When you are looking for an attorney, experience is everything.