How to clear an arrest record
Get the news you need to start your day. The state had previously allowed certain criminal records to be expunged, or erased, after a waiting period. The new law includes a wider range of offenses, but instead of expunging merely seals them. That means the records will still be visible to law enforcement, and can still show up on FBI background checks, used by schools, hospitals and casinos. One study, conducted at the University of Michigan Law School, found people who received expungements saw their wages increase by an average of 25 percent within two years.
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But without automated record-sealing laws, filing for expungement of an old criminal record can cost hundreds of dollars just in fees — not even counting the cost of legal representation. Robinson said she looked into it at one point. Today, she has her own business, helping up-and-coming artists develop their talents, record music and navigate copyright and other paperwork.
But, she said, knowing that the old and unfounded charges will no longer follow her to business meetings or job interviews is a relief. States around the country are watching the rollout in Pennsylvania, said Jenna Moll of Justice Action Network, a bipartisan criminal-justice reform advocacy organization.
Utah became the second state to enact its own automated sealing bill this year. She anticipates the scale of the automatic sealing — estimated by the Administrative Office of Pennsylvania Courts at more than 2 million records per month over the next year — will draw attention from lawmakers considering such legislation, from California to the U. Gene Barr, president of the Pennsylvania Chamber of Business and Industry, said he anticipates the Clean Slate initiative will be valuable in bringing more people into the workforce.
We have large numbers of jobs without people to fill them, and we do have people without jobs. How do we make a system to break those barriers down? Though some companies are seeking to hire formerly incarcerated people, others fear liability.
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- Have an old criminal record? Today, Pennsylvania starts sealing 30 million of them automatically.!
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It gives employers the cover to take the step and hire someone who is going out and trying to improve themselves. The court and DMV keep separate records and you will want to check that both of them have been cleared. To begin you will need to hire a DUI lawyer or hire a specialized service such as Expungement Assistance Service that deals specifically with clearing drunk driving records.
Here is how the process typically works: Your lawyer files an application with the Superior Court in the county you were arrested for drunk driving. If they approve the application, they will issue a certificate of eligibility. Once your lawyer receives the certificate of eligibility, he or she will file and submit a petition to either seal or expunge your record. Once the court receives the petition, they will make a decision to either grant or deny your petition.
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If your petition is granted, the court will send an order to seal or expunge your DUI criminal record to all the different criminal agencies. It always depends on the specifics of your offense and your state dui laws. Even if you are able to successfully seal or expunge your DUI criminal record, one copy will always remain within the criminal justice system.
Having your criminal record expunged or sealed will not protect you if you are arrested for another DUI.
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This means you will get harsher fines and longer jail time for being a repeat offender. The existence of your criminal record though not the content may also be revealed if you were applying for a job, membership or license with a government, criminal, or education agency. Although your DUI criminal will not be completely wiped clean, it is the best thing you can do.
The petitioner whose record was expunged does not have to disclose that fact on an application for employment, credit, or other type of application.
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However, the petitioner whose record was expunged shall have the duty to disclose the fact of the record and any matter relating thereto to any government regulatory or licensing agency, any utility and its agents and affiliates, or any bank or other financial institution. In these circumstances, the government regulatory or licensing agency, utility and its agents and affiliates, or the bank or other financial institution shall have the right to inspect the expunged records after filing notice with the court.
A person applying for a position as a law enforcement or corrections officer must disclose and provide a copy of the expungement to the agency. Once an order of expungement is granted, that offense will no longer be part of a publically accessible record used for employee background checks.
An order of expungement does not necessarily apply to an unofficial 3rd party background service. However, if a petitioner provides notice to the service that an expungement has been granted, the record may no longer be intentionally disseminated by that entity. An expungement order shall not entitle an individual to ship, transport, possess, or receive a firearm.
Any person whose record of conviction is expunged may have his or her right to ship, transport, possess, or receive a firearm restored by a Certificate of Pardon with Restoration of Civil and Political Rights from the Alabama Board of Pardons and Paroles. Email Us Events Request. Criminal Record Expungement information and forms to assist filing for expungement.
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