Thursday, April 16, 2009

Expungement Bill Passes the House

A bill that would allow expungement of criminal records under certain circumstances and if specific criteria are met is one step closer to becoming law.

The bill, HB 59 sponsored by Rep. Chris England of Tuscaloosa, “would authorize a person charged or convicted of certain felony or misdemeanor criminal offenses, a violation, or a traffic violation to petition the court in which the charges where filed or in which the conviction
occurred to have his or her records expunged, including, but not limited to, arrest records, fingerprints, photographs, or index references in documentary or electronic form, relating to the
arrest or charge, or both, and conviction in .certain instances.”

Depending on the type of conviction an individual received determines the criteria that must be met in order to have a record expunged. If an individual has been convicted of a violent crime (capital murder, murder, rape in the first degree, manslaughter, attempted murder, sodomy in the first degree, and etc.), he / she does not qualify for expungement under this bill.

HB 59 now goes to the Senate for consideration; however, if the filibuster continues, most likely, no further movement on this bill will take place this legislative session.

59 comments:

  1. I have a special interest in this.

    I see a Bill SB475 that looks like the same thing.

    So what happens now? (I am new at following this)

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  2. in 1984,1985 i was convicted of second degree theft put on probation and serve all my time paid all my restitutions.in 1998 state of alabama pardon and parole board granded me a pardon,1n 20005 state of alabama granted me a pardon ,in 2009 state of alabama granted me a full pardon . i have accomplish great achievements. in college majoring criminal justice ,we need a second chance to prove to the community , justice system ,probation officers and judges, that thay are reform . rehabilitate and can give back to help the young generation.look at the time on the charges .i deserve to have my records expunged .pray and hope that the bill 59 , 444 pass and the governor riley will sign it into law. thank you second chance

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  3. Any updates on this bill. Was this signed by governor??

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  4. start to lobbing for felony expungement law. may god bless.

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  5. There is a felony expungement law. It is easier for a felon to get expunged than a misdemeanor. PLEASE PASS THIS BILL! I need a second chance to prove myself. I am going to college and trying to better myself. I do not want my past to haunt me forever.

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  6. governor call a special to help jefferson county. but at the same time exfelonies need him to sign the expungement bill into law it wounld help community ,jail over crowed, keeping street safer.i am a witteness to the jutice system . with good help you can make it . please help call your spokeman or spokewoman ,your congreesman, alvin holme,john knight, chris england,roger smitherman,qubie ray gilmore, rev,nettles, rev,jiles williams ,rev,westley p. lewis jr, rev,williams earl hopkins, something has to be done to help the young and old inmates that have turn there life around. your sons daughters and wife and husband can find them self on the other side of the track. so please support the expungement bills.

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  7. i have tried to get a job with alabama dept of correction but was turn down ,but alabama pardon and parole board grande me a pardon, restored politial,and guns rights.but can.t work into law enforcement. i have been clean twentyfive years never thought committing a crime .if there is expungement in the state of alabama please post lawyer names and phone numbers.thank you

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  8. start to calling your politicians soon as possible.tell them to lobby for the expungement bill that is pendening . governor riley did not sign the expungement bill.pray that the next govnor sign the bill.

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  9. call your preacher,deacon,call you church member.thank about this you have been out of trouble for years are jail. you have been change but you cant get a good job.you deserve a pardon,and a expungement of your criminal records.please call alvin holmes,joe reed, all these strong poliltions.thay call you when thay need help, we need help and we are calling them for thier help.

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  10. Bill HB 59 could truly be a Godsend for a deserving group of people who have earned a second chance. I have a nonviolent conviction that is 21 years old with no other arrests or problems. I am currently self employed with a wife of 18 years and 3 children. I have chosen self employment due to the difficulties in finding a good career with a felony conviction on my record. The opportunity to get gainful employment with a major company would definately change my family's lives. Thank you for your efforts Mr. England and anyone else who can find it in there hearts to support this bill.

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  11. * * To Anon * * The state won't hire you as a law enforcement officer because you can't spell! Good grief - get a dictionary or something!

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  12. Pocket veto for the bill.

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  13. Call to Senate Majority Leader's staff gives information that the the pending expungement bill is still in House of Rep.at a 3rd reading. I have many clients with very minor minor misdemeanors that can't get job due to five year old trespass or criminal mischief in their younger days. One client's arrest was dismissed and the arrest alone was the reasons for rejection of hire. Let's all hope for a good outcome with safe and fair requirements.

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  14. please call your people to help us win these votes.for the smart person you better hope like hell you never need to get a pardon or go to jail.people you voted these people in to office and now you need them to help us.at the martin luther king ralley thay all came out shouting and singing saying we shall overcome.but now is the time call alvin holmes,joe reed,all those preachers out there.you can make this happen today.

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  15. people if wont to ralley for the expungement felony bill. please leave your phone number or email address,people are getting ready to rally i dont not know the date and time but if you been convicted of an felony and serve your time and have not continue into criminal activities over the years i believe we can get the bill pass into law.if you know any lawyer,judge,counselor,preacher how ever let them know that we need help .please dont forgrt to leave your help or email address.thanks again

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    1. I was young when I made that mistake of being in the wrong place, and now I operate/own my business, and got their cause people would not hire me due to my mistake. I think that a felony should have a dieing point. Cause, if I cant enjoy a better life and have better things due to the fact I made that wrong turn, why should it ride me forever, its so wrong. Alot of people are never heard or seen because of it affecting the way the are allowed to function in this state by law. Most of them return to the same issue, cause it allows where the law will not.

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  16. anything new? or should I get my hopes of living a normal life, free of being labled a criminal for the rest of my life only to have them crushed once again!

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  17. what is the latest news on the felony exepungement bill pending in house.the bill is house bill 81 by chris england .

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  18. shanavia.rivers@gmail.com....for expungement bill

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    1. I am.trying to figure out if the bill has been passed. I really need info on this topic. Thanks

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  19. WHAT IS THE LATEST NEW ON HOUSE BILL 483 FELONY EXEPUNGEMENT .DIDI IT PASS AND IF WHAT IS RHE NEWS.THANK TO CHRIS ENGLAND 2/9/2010.

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  20. WHAT IS HOUSE BILL 483 FELONY EXEPUNGEMENT BILL.WHAT IS THE LATEST NEWS ON THE BILL PLEASE POST.THANK TO CHRIS ENGLAND.

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  21. PLease let this bill pass

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  22. billl indefinetly sent back to the house of origin

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  23. From my understanding of reading Representative England's Facebook post, The bill had to be amended so that it did not include felony convictions, just misdemeanors, so that it has any hope of being passed. I also saw on alison that the bill had been "indefinitely postponed" in the House of Representatives. This is sooo frustrating to those of us who have previous felony convictions but have worked diligently to turn our lives around. What we should be asking the state government is " you claim that the goal of convicting or punishing criminals is a means of "rehabilitating" them. Where is the incentive to be rehabilitated when you will spend the rest of your life being branded as a criminal no matter how much good you achieve in your home, community, or job (if you can get one with a felony conviction)?

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  24. Who do I contact to push the goverment along with the bill? I have a misdeameanor that I want to get expunged. Do have to vote? I'm clueless on what we as the people have to do to get this passed. I think they are violating our rights as it states in the 4th, 5th, and 11th amendment. It's not fair for all lives too be on hold whle other states are trying to help their people.

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  25. start early pressing the senate and new governor to sign a felony expungement law.

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  26. I was convicted of an felony and im praying that they pass this bill. I mean we all mess up once in a life time we live in a sinful world who dont make mistakes?!?!?!some are just lucky enough not to get caught and others as my self get caught up in this. The bottom line is how do the law expect people that have been on good behavior since the conviction to live get jobs take care of home etc. if they wont expunge records to those who have a clean record and doing good. smh HELP HELP HELP HELP I have a 4yr degree that I cant use due do something stupid i did which i have learned from dearly... HELP HELP HELP HELP

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  27. my name is marvin i was falsely arrested and had the charges dismissed.the expungement of the arrest can't be removed due to the failure of our senate and governors failure to pass the expungement bill into law.I am trying to get a petition started that will send a clear convincing message to them that the citizens voice matters.contact me @ mthompson0521@yahoo.com for details.

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  28. I have a forgery felony on my record from 2003, ran concurrent with another county. It was my family who charged me and they are more than willing to help me now in any way. I was on drugs and have been clean since. I am currently in school and interested in criminal justice jobs, law enforcement, drug counciling, or something. I don't know what I can do with my record. Do I qualify for expungement? Hidden from employers? Anything to help me use my degree once I finish. I would like to know what my options are before I select a degree plan and I am running out of time, I have taken most of my pre-classes, have a 4.0 and my life is totally different. I don't even know that person I was anymore and there were extended circumstances to my case. My case was in Jefferson County Judge Kahill, but then ran concurrent with St.Clair County. Any advice would be appreciated. Thanks. I am willing to spend the money, to get my record to where I can atleast get a job (a career), but would like some kind of ratio to my chances of it actually happening.

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  29. I was convicted of a felony in 2001. Theft of property 2nd degree. I am a high school graduate with over 11 years experience in my field but this felony is killing me. I interview well and pass drug screens but as soon as my background is ran companies withdraw their employment offers. This is serious. We can't make it unless they pass this...I

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  30. I was convicted of a drug misdemeanor in 2006, Im very interested in this bill as i just found out that there is no current means of expungement in alabama.

    Im pretty active in politics, voting, and contacting my reps. so i wanna know who is holding this up and who is supporting it.

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  31. I was arrested and later the grand jury called it a no bill. however the arrest still shows up on my record even though i was found innocent. how can i get this off my record. it was a case of profiling by the police

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    1. You cant. Not until this bill is past. I was arrested for assault after my husband broke 3 of my ribs and put 8 staples in my head. Judge dismissed the charges, still on my record.

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  32. Does anyone have any neww information about an ezpungement bill for Alabama??
    Good people really need to be given a chance...

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  33. Rep. England please give people like myself a chance. I have completed college with a Bachelor of Science Degree in Accounting. I have been hired and fired within the same week from six jobs because I can not pass the criminal background check.

    I was indicted in 2004 for a forgery charge that supposedly happen in 1993. I was unaware of the pending charges, until I was hired for a job at the airport which required a criminal background check. When I learned of the pending charges, I immediately went to Dallas county to resolve the misunderstanding.

    I was shocked when I was told that I would have to be arrested to resolve the issue. The officer also assured me that the arrest would be the quickest way to clear the matter up since the incident was so old.

    Well, in the meantime the charges went before the grand jury which indicted me. After two years, in 2006 I finally received a court date. I was extremely naive and appeared before the judge without a lawyer because I felt like I was innocent, and under age in 1993.

    Although the judge did not immediately dismiss the charges instead I was told that I would need to retain a lawyer. I was not given a new court date instead I received a letter stating the charges were dismissed with court charges.

    First, I was happy the ordeal was over, I paid the fee with the impression that the charges were dismissed, so they would go away. I was not aware of the devastating effect these dismissed charges would have on me as an Accountant. I am currently in Graduate School at UAB. I am prepared to take the the exam to become a Certified Public Accountant, but after receiving several job offers without employment because of the arrest and indictment, I am afraid to apply to the Board for a notice to schedule testing for the exam for fear of rejecting and jeopardizing my chances of ever becoming an accountant.

    I have learned that there are many people in my same situation that were arrested,the charges have been dismissed but we receive the same treatment as someone with a serious felony conviction.
    This bill will enable so many people an opportunity to reclaim their life.

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  34. I entered a blind plea of guilty not knowing exactly what I was doing when I did. I was not guilty of the crime I was charged with. That was 15 yrs. Ago. I am know serving in the United States Army with a Secret Security clearance. But I still have a conviction on my record, it is seriously hurting any chances that I have had for gainful employment. This bill would be an answered prayer.

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    1. I'm having similar issuue..I ETS in 2014, currently looking for civilian job, but background 22 yrs ago henders me from being successful

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  35. I plead guilty to a crime because I didn't want my kids to be dragged in and out of court. Right now,I'm currently in school as a freshman planning for the completion of Bsn-Rn. Although I have some years to go but I want to be able to graduate without worrying about if I'm going to be able to provide a better life for my girls. I just want the best for my daughters and I know working as a nurse will help me out alot. Being a single parent is hard enough..by me having a record doesn't make it any better! Please pass the people everyone needs a second chance!!!

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  36. i took a little over 25 dollars from a store cash register. i didnt use a gun or threaten anyone. i purchased a candy bar with what change i had in my pocket and when the clerk opened the cash register on impulse i reached over and grabbed some money and ran out of the store.i was arrested a couple of miles from the store. Before that night i didnt have a criminal record and if it hadnt of been for an incident that happened two weeks prior to this i would have never even considered doing something that stupid.what happened two weeks before that is i tried crack cocaine for the first time. i was emmediately addicted.i went from being a caring sane person to someone that would do anything for a hit of cocaine. i was convicted of a third degree felony, and sentenced to 2 yrs in prison.one act of stupidity that i carry around like a ball and chain every time i fill out a job application , or try to do things to improve my family life, and thanks to 9-1-1 jobs are now going over my past history with a fine tooth comb.i am a first class pipe welder that cant apply for the best jobs because of a mistake from a good person, that would have never happened if i hadnt have been under the influence of crack cocaine.i gave the state of alabama the 2 yrs they required of me and paid all my fines and paid a probation officer once a month for 2 yrs, i have got married , held a job, bought land , built my own house , became a responsible citizen in society,it has been over 20 yrs since i stepped out of prison. i more than paid for my mistake.i did everything asked of me by the state of alabame so why wont the state of alabame forgive me and give me a reciept...... debt paid

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  37. I was arrest May 1, 2003 and charged with possession of cocain (tenth of a gram) and possession of Marijuana (dime sack). The officer pulled me over on quater beer night at a local hot spot for young kids to party. I was coming back from the beach and taking a guy home that lived in the same town I was from. The cop found the drugs about 30 mins. after he pulled me over in a pill bottle about 10 yards in front of my car. He scared me into taking a plea agreement that I knew nothing about except I wouldnt go to prison and it wouldnt be on my record. I've never been in trouble in my life, and the cop scared the hell out of me. I didnt complete the plea agreement because I had surgery and missed two appointments. When I reached my finished date I quit going as stated in the agreement. About a year later I got a letter in the mail saying that I needed to go back to court because I was being charged for the crime because I didnt complete my agreement. I quit going when I reached my completion date. I wasnt aware of the two times that I missed because of surgery I would have to make up. The two days were added to the end of my sentence. I was convicted in 2007 and have a felony on my record. This has caused employers not to hire me. Its like Im a marked man. I want this off my record.

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  38. What all can we do to get this bill passed? It effects so many people, we have to get it passed to secure a better future for ourselves and our families. Connor2515@yahoo.com

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  39. I was arrested for 1st degree rape and sodomy based on erroneous allegations that later proved to be false and I never even had to go to court; however, the initial arrest follows me in the means of a background check which is significantly reducing both mine and my daughters quality of life. I am a certified teacher in the state of Al, a disabled retired Marine, and a single father with sole custody of my daughter. I have been consistantly denied the right to work as an educator or in any professionl atmosphere due to the arrest record stemming from erroneous allegations. I feel discriminated against for not breaking the law as I did no wrong and the allegations resulted form me not sleeping with someone who became embarrassed and decided to teach me a lesson with false allegations. Wow, and to think that as a Marine I literally broke my back defending the very system that now holds me down and allows for me to be discriminated against. Its embarrassing and a shame that our flawed legal system allows those with actual convictions to be pardoned but not those of us who did no wrong to represented as such by having our names cleared.
    Please contact me as I am trying to start a rally/movement to have this fixed.
    g40hunt@yahoo.com
    (205) 540-5805

    Thank you and may God bless yo

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  40. Tell me how I can sign my name on the petition for this expungement bill...

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  41. I'm from a small town in alabama whereas they convict you by your color and who you know that are friends with the judge and the D.A.,My case was an indictment in 2004, i was accused of selling a ten dollar rock to a confidential informant. When came to trial the informant wasn't there and that dirty d.a. told my attorney if he wanted him there he should have gotten him there,so instead they put an abc agent on the stand that they had coached on everything he said. This croocked judge alows corruption in this court,there was no evidence against me just his testimony that was false. I was 52 at the time the d.a. told the judge to give me a ten year sentence for something i didn't do,i went an served 2yrs 6mos,but God is a just God when i returned home that false witness witness the d.a. used to testify against me and other people got popped by internal affairs 5 counts of theif from the ABC department. Proverbs say a false witness shall not go unpunished. I am almost 58 now, i can't get any type of work,can't get food stamps,ost most of everything i had because of corruption and prejudice. I pray for help and justice.

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  42. Does anyone know the status of the expungement bill that is in the legislature right now??

    Thanks

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    1. Check the response at the bottom of the page that was posted on Nov. 9, 2013. I found some valuable information for felons!!!

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  43. I was charged with 2 acounts of forgery 2nd degree and false information to law enforcement back in 1999, nd in 2004 I was charged with 2 accounts of criminal trespass 3rd,false name,and resitsing arrest.I have not been in any trouble since 2004.I applied for a job with Publix Grocery Store that opened in Auburn,Alabama back in February,and they did a background check on me,and denied me for a job becuase of the criminal trespass,false name,and resisting arrest.I have not been in trouble in 8 years,and it is still hard to get a job.I wi8sh they would pass a expungement law

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  44. Alright, not sure if anyone is still reading this blog but here's what I wanna do if you read this. As far as I can tell this bill did not pass and does not appear to be a "pre-filed" bill for the session that begins February 5, 2013. Therefore anyone who reads this, start by writing Chris England at cengland1@hotmail.com. He is the Rep. who first sponsored the bill and we need him to sponsor it this coming session. Also, my name is Eric and I will get this law passed by 2014 or we will get rid of the legislators holding it up in 2014. So anyone ready to get this done and help many suffering families please leave me a note or find alex felon on facebook or email alexfelonlaw@gamil.com and let's get to work!

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    1. Thanks for the update Eric. I will do whatever and will make contact soon.

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    2. I have a son. He was on probation one year and a day. I did not condone his action. But his question to me: Mom, if I did something wrong and you have punished me. Why continue to be punished for the over and over? Thanks for update Eric. Looking forward to working with you. Praying Mom?

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  45. alex please get the law pass i have a full pardon and can not get a good job in this racist alabama.

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  46. YOU WOULD THINK THE SOUTH WOULD BE A LITTLE BETTER BUT ALABAMA STATE COLLEGE HAS A SERIOUS PROBLEM WITH CROOKS IN POLITICS AND RACIST COVER UPS ALL THEM CROOKS ARE GIONG TO NEED A PARDON AND PAROLE HELP.

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  47. Okay, so I did a little research and found out some potential GREAT news for felons. Per the http://felonyguide.com/Alabama-Felony.php website, the HB-59 Bill for Expungement did PASS into law. I have listed some of what was on the site but i encourage you all to visit the site and read over the material and see if your felony qualifies for expungement. It is definitely worth a try. In my first year of college, I bought a stolen car (that I didn't know was stolen) and got slapped with a felony that has followed me for the last 10 years. I satisfied ALL probation requirements and was released from my probation EARLY because the judge felt that I was not a threat to society and I proved to him that I was bettering my life through education. Now, at 36, I have a Bachelors in Psychology and will be getting a Masters in Marriage & Family Therapy but that felony will make it much harder for me to get licensed. This is a wonderful thing for me and I hope you all can use this information as well.

    (From the Website)
    "Expunging a Felony

    As of 2009 HB-59 The Expungement Bill passed into law in Alabama. Under this law individuals who did not commit violent crimes can petition the court for expungement of their criminal records.

    Violent crimes include: murder and/or capital murder, 1st degree rape, attempted murder, manslaughter, sodomy and any sexual crimes and/or abuse against children.

    In order to have their criminal records expunged, the convicted individual must serve their entire sentence. Or they must be acquited or exonerated of this crime. After which they petition the court. If the court accepts the petition and the expungment is successful this will only remove these criminal records from public view. The individual remains stripped of their rights even after becoming expunged. These rights include: the right to vote, the right to purchase and carry a firearm.

    The records are sealed from the public eye but if the convicted individual commits another crime the records can be reviewed by the court system."

    I hope this helps you guys as much as it will help me!!

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    1. Where do we get the paper work to petition the court pls.

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  48. Dear Eric,

    I have been arrested for domestic violence since they had to arrest some one. My charges are dropped and case got dismissed because they had nothing on me. However, before even I had a fair chance with the judicial system society convicted me for something I did not do. Now I have arrest record and I know it is going to affect me for future employment opportunities. I have the highest degree in academia and I would like to help in any way I can. Please let me know how can I get involved.

    thanks
    -K

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    1. Im in a simiar situation was you able.to.get this off your.record they told me no cause it was a violent crime but Im like I wasnt conicted this law needs to be readvised because anybody can put a charge in you

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  49. Through two methods, known as pardoning and expungement, the law's reaction to a person's crimes may be changed. Although the concepts may seem similar to those unfamiliar with the law, pardons and expungement work in significantly different ways.

    US Waiver For Canadians

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