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Police Search

When Can Police Search Your Car?

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The confusion regarding a police officer’s right to search your car has placed countless citizens in situations that could have otherwise been avoided. It’s important to understand both your rights and the officer’s rights in order to avoid unwanted searches. If the police decide to search your car, there must be probable cause. Probable cause, or evidence that may lead an officer to believe that you are involved in illegal activity, is more than just an officer’s gut feeling that you’re up to no good.

Before an officer searches your car, some facts or real observations are required. What exactly counts as probable cause? If contraband is in plain sight or plain smell, the police may have probable cause to search your car. Minor traffic violations such as a broken tail-light, expired registration, and speeding are NOT considered probable cause, but the officer may find a way to legally search your vehicle by tricking you into admitting to have broken the law. Police may ask questions like “Were you aware that you were speeding?” or “Do you know how fast you were going?” The best response to this type of question is always “No, officer.” Do not be afraid to assert your 5th Amendment right. If you admit to having broken a law, the officer is legally allowed to search your car. If you don’t know how to respond to an officer’s question, remain silent. If you are angry or upset with the officer, remain silent. Do not challenge the officer under any circumstances. 

The 4th Amendment protects your right to refuse search requests. An officer may ask a question similar to “Mind if I take a look in your car?” to make avoiding consent difficult. Sure, refusing search requests might make you seem guilty, but if you give the officer consent, he/she can and will legally search your car. Responding with “Go ahead, I don’t mind” won’t lead the police to believe that you’re a law-abiding citizen with nothing to hide. Instead, this response will certainly result in a vehicle search.  

If the officer continues to ask questions like “Are you hiding something?” in hopes of getting consent, politely decline with “I do not consent to searches.” Never question whether or not an officer has probable cause to search your vehicle, because you always have the right to refuse searches. If an officer finds something illegal while searching your car after you refused the search, your lawyer can file a motion to throw out the evidence in court. If you consent to the search, your lawyer cannot throw out the evidence in court. 

Remember, you are allowed to refuse search requests! If you want to protect yourself, you must first understand these rights.

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Collateral Consequences

New Study Confirms the Many Benefits of Receiving an Expunction

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We at Easy Expunctions know that clearing your record can present a wealth of opportunities. But until now, we haven’t had concrete evidence of the positive effects of receiving an expunction. A new study conducted by University of Michigan Law professors has yielded some very interesting results.

The professors obtained de-identified data on expunction recipients in Michigan and compared it to that of non-recipients. The most notable finding was that those who receive expunctions have very low subsequent crime rates. This means that those who have cleared their record were able to stay crime-free—a stark contrast to the high reoffense rates of those who carry a criminal record.

“We find very low rates of recidivism: just 6% of all set-aside recipients are rearrested within five years of receiving their set-aside (and only 2% are rearrested for violent offenses), while reconviction rates are even lower. Indeed, set-aside recipients’ recidivism rates compare favorably with the Michigan population as a whole. Id. at 4.”

This data debunks public-safety objections and arguments that removing convictions or arrests from an individual’s record will put others at risk.

Another major empirical finding sheds light on the positive impact individuals can experience post-expunction: Those who obtain expunctions were sent on an upward employment trajectory and received a 25% increase in wages in just two years. This can likely be explained by a clear background check that comes with expunctions—it’s much easier to find high-paying jobs when you don’t have a criminal history readily available for employers to consider.

One slightly disheartening finding was the “uptake rate,” which is the rate that those who are eligible actually pursue expunctions. They found that only 6.5% of subjects obtained expunctions. This is due to lack of information as well as the timely and costly nature of the process—something that we at Easy Expunctions actively combat.

With the release of this study, those who create policies now have definitive evidence of the positive impact of expunctions. We’re hopeful that they’ll use this information to fuel efforts to make expunctions more accessible for more crimes.

If you believe you’re eligible for an expunction, there’s no time like the present to get started. We have the power to help you get your life back on track—call us at 866-899-0266 to get started with a free background report.

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Background Checks

Who Can Still View My Record After an Expunction?

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The key benefit of expunctions and non-disclosures is that it removes your arrest or conviction from as many eyes as possible. However, there are a few places in the country that will still have this information available to a set list of agencies. Expungement laws vary by state, so keep note if you live in one of the following:  

California: In California, an expunction is actually a dismissal. This means that law enforcement agencies in this state can continue to see the court records and share them with other agencies. Though law enforcement officials may still be able to see your record, regular civilians can’t—and anyone who unlawfully releases your sealed record can be hit with a $500-$2,500 penalty.

Mississippi: If you’ve had an expunction for a conviction in Mississippi, you still legally have to disclose the conviction when applying for a job in law enforcement or the military. This is also true when applying for professional licenses.

Nevada: The Nevada Gaming Commission can see expunged and sealed records, but only if they get a court order and only if the record is related to gaming. The Nevada Gaming Control Board can also see work applicant’s sealed records if the hidden offense is related to gaming. Sealed records in this state can be unsealed if the individual is arrested for another offense.

North Carolina: In North Carolina, it will be hidden from the public, but judges, prosecutors, and law enforcement agencies can still see your criminal record after an expunction. This also means that if you’re arrested for a subsequent offense, the court can consider your expunged offenses during trial.

Utah: Law enforcement agencies and federal authorities can access expunged records in Utah. In addition, state professional licensing agencies can access your records. The Bureau of Criminal Identification will see your expunged records if you apply for a concealed carry permit.

Note that no matter what state you’re in, even if you’ve had a record sealed, the FBI can still see it—this is because the FBI is a federal agency and therefore usually does not follow a state court’s order. But what’s important about expunctions is that they allow you to move forward with your life by hiding the incident from those who matter most—like landlords who decide whether or not to rent you a space, employers who are likely to consider an arrest when deciding if they should hire you, and nosy neighbors and friends who want to dig up dirt.

If you’re considering an expunction, the first step is determining what’s on your background check to begin with. Sign up for a free background report from Easy Expunctions and we can figure out your eligibility and your options to get the ball rolling on a better and brighter future.

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Employment

5 Job Fields That Are Difficult to Pursue With a Criminal Record

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If you have an arrest or conviction, you know that a background check can be a very significant barrier to gaining employment. Getting back into the workforce is hard when employers discriminate against those who have had run-ins with the law. While it isn’t necessarily illegal to work in these fields with a conviction, you can be barred if the crime is related to the job. The following industries will be particularly hard to get into if you’re carrying around a criminal record:

1.     Child Care/Teaching

A criminal conviction will probably bar you from any teaching job, especially if your offense involves violence. People are understandably picky about who they allow to watch their children, so employers will be on the lookout for anyone with a questionable history.  

2.     Law Enforcement

Government jobs always come with a lengthy screening process. Regardless of what level you’re trying for; you’ll need a clean record to get started in law enforcement. You definitely can’t work in security or law enforcement jobs that require you carry a weapon if you have any offense related to firearms.

3.     Finance

If there’s any whiff of theft or fraud on your background, banks or investment firms will almost certainly deny you for work. Any crimes involving money will also come up as a red flag and prevent you from getting your foot in the door within this industry.

4.     Health Care

The health care industry will often pass up on potential employees with certain convictions. They do this on the basis that healthcare jobs give you access to all kinds of sensitive information. It also exposes employees to drugs and pharmaceuticals, so anyone with a theft or drug abuse charge will likely be denied a position.

5.     Transportation

If you have a record for driving under the influence, it’ll be nearly impossible to secure a job that requires you to be behind the wheel often, or many positions in public transportation. You can’t drive for Uber or Lyft if they see a DUI on your background check.

If you feel that you’re a deserving candidate who has been denied one too many jobs, it might be time to consider what an expunction can do for your career. You don’t have to explore alternate career paths if you’re eligible for an expunction or non-disclosure—contact Easy Expunctions so we can help make your job hunt exponentially more successful. 

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Police

Know Your Rights: 9 Things to Remember When the Police Come to Your Door

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No matter who you are or whether or not you participate in any illegal activities, there may come a time when law enforcement shows up at your front door. As a citizen, you should know what your rights are so you can make the most informed decision when interacting with police. Here are 9 things to keep in mind if you find yourself in this situation:

1.     You’re not obligated to open the door.

It’s not a crime to keep the door closed. If there’s no warrant, you don’t have to answer any questions. Kentucky v. King said it best: “When law enforcement officers who are not armed with a warrant knock on a door, they do no more than any private citizen might do.”

2.     The safest place for you is inside your home.

It’s important to be respectful and hold your ground, simply because you can. You have the best protection against illegal intrusions inside your house, apartment, etc. You have a constitutional right to be secure in your home—feel free to stay there.

3.     They need a warrant to enter your home.

Simply tell them, “I don’t consent to any search and I will not allow you inside without a search warrant.” The only way an officer can enter your home without one is if you’ve allowed them inside, or if there are “exigent circumstances.” This is a legal term used to define immediate emergencies in which the police are required to enter but there is no time to obtain a warrant.

4.     Noise complaints are not “exigent circumstances.”

The police have been trained to intimidate, so they may try to bully you into allowing them inside if your neighbor has called in a noise complaint. Just remember that this does not support entry without a warrant.

5.     If you consent to entry, you wave certain rights.

Keep in mind that if you do invite officers inside your home, anything that they see or smell is fair game. Even if you just open the door to speak with them, if they see anything illegal in plain view, they can enter, search, and seize evidence.

6.     It doesn’t matter if you have “nothing to hide.”

You generally shouldn’t even open the door until you see a warrant, because you don’t always know who has been in your home or what they’ve brought with them. You have nothing to gain and everything to lose from a police search.

7.     Anyone can consent to entry.

Meaning that you don’t have to be the homeowner to invite the police in. Make sure none of your guests allow the police to enter without your say-so.

8.     You should never run from the police.

Even if they do something unlawful, running away is seen as resisting arrest and will always make your case much worse. Not to mention, it’s incredibly dangerous.

9.     Just say “no.”

If you refuse to speak with the police, or let them in your home, they may try different tactics to get inside. They’re going to try to obtain your consent, because even if they really wish to come inside, getting a warrant from a judge is time-consuming. It’s easier to trick you into allowing them inside. Just repeatedly tell them “no.”

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Ban The Box

What Is Ban the Box?

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If you’ve ever applied for a job, you know there’s a lot of paperwork involved. Companies will ask you an array of questions, like “Why do you want to work for us?” and “How do you handle constructive criticism?” And then they’ll dig deeper into your personal life, inquiring about your employment history, your education levels, and unfortunately, whether or not you have a criminal record.

Ban the Box is a campaign that has gained major traction in recent years. The movement is aimed at removing that pesky little checkbox asking if you have a criminal record. The idea is that this box makes it far more difficult for ex-offenders to find a job. The campaign encourages employers to consider a person’s qualifications first to determine if they’re a good fit for a position. It simply wants Americans to be able to freely apply for work without carrying around the stigma of a criminal history.

But Ban the Box does more than just protecting your privacy—it aims to improve society by actually reducing the rate at which Americans re-offend. When people with arrests or convictions are denied a job based on their past, they’re more likely to be stuck in the cycle of poverty. This increases the chances of falling back into criminal misconduct as a way to get by, something that wouldn’t happen if they were allowed the opportunity to make an honest living.

Ban the Box invites individuals to pledge “to always welcome formerly incarcerated people into my community” and “to support changes in policies that discriminate against the formerly incarcerated.” It invites employers to pledge “to hire and support the formerly incarcerated,” “to support the elimination of any restrictions on participation that may exclude the formerly incarcerated,” and “to encourage others to also institute fair hiring practices.” 35 states have adopted Ban the Box or Fair Chance policies in certain counties; this is a major stride for civil rights and gives people with past convictions in those areas a real chance to succeed.

Of course, Ban the Box doesn’t remove your criminal record or make it invisible to background checks. Living with a conviction doesn’t just hurt your job prospects—it can affect many other areas of life and make it hard to live freely. If you think there’s something on your record that is eligible for an expungement, get in touch with Easy Expunctions at 888-524-0280, or sign up for a free background report to get started at EasyExpunctions.com. 

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Sacramento

A New Sacramento Bill Would Seal 2 Million Criminal Records

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Sacramento is on track to seal 2 million criminal records with a new proposed bill that came out on Monday and is currently backed by district attorneys. The legislation is an effort to remove restrictions for those with criminal records so they can find work and housing. The bill would essentially seal low-level criminal records for approximately 2 million people.

Those low-level criminal records have a lot more impact than one might think. A one-time, 10-year-old mistake will haunt a lot of people in the realm of jobs and housing. The goal is to help people move on from their mistakes without the stigma of a criminal record. The proposed bill would automatically clear records dating back to 1973 if it was put into effect. Expungements are already available in California, but can cost thousands of dollars in attorney fees per charge. This bill would make it more accessible to seal low-level criminal records and a lot cheaper because they wouldn’t need to petition in front of a judge. The bill will not allow for the sealing of domestic violence and impaired driving charges, officials reported.

The new Sacramento bill is a great thing for not only those with criminal records but the general public as well. If people with a criminal history can find housing and employment, it reduces their chances of re-offending, therefore saving potential victims of crimes. A similar bill was brought up last year in Sacramento. Although the bill was killed, its initial focus wasn’t to seal records like this one is. The bill from last year did have an idea about software that could scan criminal charges each month and automatically clear qualifying charges. They hope to create or find software with these capabilities to smoothen the process of scanning if the bill is passed.

Easy Expunctions is also working to give more people access to a clean record. We offer a free background check to get you started. From there we can work directly with you in identifying qualifying charges to be expunged from your record. Don’t let your life come to a halt because of a few simple mistakes. Easy Expunctions can help you clean up your record for a fraction of the cost of a lawyer!

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Clean Slate

Connecticut Considers Clean Slate Proposal

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A clean slate doesn’t come cheap to most people with criminal records. It can take a lot of time and money to petition a judge to expunge a charge. Fortunately, states are beginning to notice the damaging repercussions that low-level criminal charges are having on their citizens. Connecticut is the most recent state to jump on the bandwagon with a “clean slate” proposal that would expunge criminal records for those who qualify.

Supporters of the bill gathered in Hartford to express their feelings about the proposal, explaining that those who pay their debts to society should be eligible for a fresh start. A poll conducted of Connecticut voters showed they strongly support erasing criminal records once the offenders go a certain amount of time without committing another crime. Discrimination comes in many forms, but a quite overlooked form is that of people with criminal records who just want a fresh start at a productive life.

People who have records are engaged in a constant battle of trying to overcome the burden of their charges. If someone was arrested and convicted of a non-violent crime, did their time, paid their debt to society, and remained law-bidding citizens after, why should they have to continue to suffer from a record? Connecticut is trying to fix the discrimination of the criminal justice system by expunging the records of low-level crimes. Someone shouldn’t spend their whole life with a scarlet letter on their job application for a simple mistake.

Expunging non-violent crimes for those who have paid their debts and remain law-abiding citizens will help to reduce recidivism rates by putting people to work and preventing them from returning to a life of crime. Easy Expunctions knows how much a criminal record can affect employment, housing, and education opportunities. If you’re battling with your criminal record, we can help you identify qualifying charges to clear. We offer a free background check to get you started and can work directly with you in cleaning up your record so you can have the fresh start you deserve.

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Employment

Connecticut Expands Insurance Program for Employers Hiring Ex-Cons

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Connecticut may have discovered a way to ensure that those with criminal records can get hired if they possess the necessary experience for the position.

The Connecticut Department of Labor announced the extension of a previously existing program that implemented “hiring insurance” for businesses willing to offer jobs to veterans. The program will now expand to employers who are willing to hire people with past criminal records by providing employers the opportunity to obtain bonds from the state at no cost. The bonds are, in a sense, insurance policies for those who are willing to hire ex-criminals in the event that any misdeeds or liabilities came to fruition. The goal of the expansion is to make it easier for employers to hire people with past criminal records and therefore reduce recidivism.

Under Connecticut’s Fidelity Bonding Program, bonds for up to $25,000 will be available to cover losses ranging from larceny to embezzlement, and more. The bonds will only apply for the first six months an ex-con is with the company. They are meant to give ex-cons a fair chance—not to automatically assume they will cause harm within the business. Once employers notice that most ex-cons blend right in with other employees and cause no trouble, real change will happen.

Getting a job after being released from prison can be extremely challenging. This Connecticut program will make it easier for those with criminal records to obtain jobs, keep those jobs, and stay out of prison. As of now, it is estimated that 45 percent of individuals who are released from jail in Connecticut end up right back in the system. Reducing the rates of recidivism in the state seems to be the real long-term goal of this employer insurance program. Employers will hire more people with criminal records because they are insured—the hope is that it will begin to gradually shift societal norms and cause employers to see people with criminal records in a new light. Staying occupied with work and finding yourself easily reintegrating back into society is a recipe to reduce recidivism.

Although the employment insurance program run by the DOL is a great thing, it doesn’t directly influence those in other states who are battling their criminal records. At Easy Expunctions, we work directly with you in identifying qualifying charges to be expunged with one of our affordable record clearing packages. Make sure to visit www.easyexpunctions.com and receive a free record check to get you started. Knowing exactly what’s on your record is the first step in wiping it clean and securing a better life.

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Expungement

Criminal Justice Bills Focused on Expungement and Probation Move to Senate

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Kentucky is finally taking action as two bills have been approved by the House and are moving to the Senate, both of which hope to improve a long-time flaw in the U.S. criminal justice system.

The first bill would serve to incentivize those released from prison to reintegrate back into society while on probation. Those seeking a fresh start after release could get it sooner by completing specific education, skills training, work, or substance use treatment for time to be taken off their probation timeline. This would, in turn, reduce the number of citizens on parole, saving the state millions of dollars each year. Motivating those on parole to better themselves for the good of society is a very powerful move that could also lead to probation officers getting some relief on their heavy caseloads. The bill would permit someone to receive 90 days off their probation if after being released from prison they earned their GED. In addition, one day would be taken off for every 40 hours they work, if they can find steady employment. The overall goal with this bill is to reduce recidivism and give those who have been released a fair fighting chance at steady employment.

The next of the two bills moving to the Kentucky Senate is a bill that provides automatic expungement in certain cases after acquittals and dismissals with prejudice. This is where the long-time flaw in the United States criminal justice system appears. Are you aware that if someone is accused of a crime, tried in a court of law, and the case is ultimately dismissed, the charge remains on the accused’s criminal record? Innocent until proven guilty is being confirmed as a sham by those who have been proven innocent and still walk around with a messy record, only able to be expunged by pleas and hefty legal fees. The bill would make certain that individuals don’t end up with a record if they aren’t guilty.

Kentucky is taking the right steps to start improving its criminal justice system, and we hope the Senate passes both bills when they come to committee. If you won’t benefit from Kentucky’s new bills upon passing, don’t worry, because Easy Expunctions offers a free record check to get you started. Take matters into your own hands at www.easyexpunctions.com.

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