You can’t outrun your criminal record.
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You can legally and truthfully deny the arrest.
Perhaps the most rewarding part of an expungement is saying that you have never been arrested. It’s a huge relief to live your life as if the whole thing never happened. Everything is restored to the way it was before the arrest, charge, and/or conviction. This brings redemption and closure to those struggling to escape from their criminal past.
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You can tell employers that you have no criminal history, expanding your job opportunities.
Almost every employer will run a background check before hiring an applicant, specifically to reveal arrest records and probation status. Luckily, employers and even potential employers are not allowed to ask about an expunged conviction. Additionally, an expunged conviction cannot be used against you when deciding whether or not to hire you. Not that they’ll ever know about it, because an expunged record won’t show up on their background check. Those who have been unemployed with an unclean record will tell you that this is the most valuable benefit of an expunction.
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Finding a suitable home will be much easier.
Landlords routinely run background checks on prospective tenants. If they see a conviction or arrest on your record, they may deny you. And if they accept you with an unclean record, they might still consider you an imperfect resident, which may prompt them to charge you a higher rent or a sizably larger deposit.
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Your gun rights may be restored.
Federal law prohibits felons from owning guns, but firearm rights may be restored after an expunction. According to the Bureau of Alcohol, Tobacco, and Firearms, “Felons whose convictions have been set aside or expunged, or for which the person has been pardoned or has had civil rights restored” are not considered “convicted.” Without a conviction, there’s nothing prohibiting you from owning a gun.
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Your finances will be drastically improved across the board.
It may seem redundant to pay for an expungement to help ease financial burdens, but this is a sound investment in your future. Insurance rates can be affected by criminal history, meaning that your rates can significantly increase with a messy record. Certain loan rates can also be higher based on your past. Additionally, most states ban people with convictions from being eligible for funded public assistance and food stamps. Everybody is entitled to this type of help from the State, should they really need it. Having a clean record will ensure you don’t miss out on public assistance.
It may come as a shock to you to learn that the United States is the world’s leader in incarceration. Or maybe this doesn’t surprise you at all; the rise of mass incarceration over the past three decades has been the subject of some intense scrutiny. We know that hyper-criminalization drives poverty and presents obstacles for those who have to bear the weight of a criminal record. But exactly how many Americans deal with these issues? As many as 100 million Americans have an unclean record; however, the actual number is so high that counting them is nearly impossible. Instead, here are some statistics to put the number into perspective:
- There are currently more Americans with Criminal records than there were American citizens in 1900.
- America has 5% of the world’s population, and 25% of its prisoners.
- One in three Americans has been arrested by the age of 23.
- There is roughly the same amount of college graduates as there are people with criminal records.
- If every arrested American band together to form a nation, they would be the 18th largest nation in the world.
- About 20% of American citizens have criminal records.
- There are more Americans with criminal records than there are people living in France.
- Young adults make up 10% of the American population, and 29% of American arrests.
- If every American with an arrest record held hands, they would circle the earth three times.
- There are more Americans with arrest records than there are American households with a dog.
These statistics are problematic. We’re dealing with an issue that is preventing millions of Americans from becoming productive members of society, which begs the question: Why are there so many Americans with criminal records?
Maybe the issue isn’t that Americans are criminals, but that American politicians are hell bent on criminalizing things. The federal criminal code has a ridiculous amount of laws, not to mention government regulations with criminal penalties. No one even knows how many federal laws there are in America—there are 20,000 laws governing the ownership of guns alone. The problem is that there are so many vague rules to follow that any given American is likely to unknowingly commit crimes every day.
So what can be done about it? Washington seems to recognize the problem, and there’s a general consensus that something has to be done about it; there are several areas of reform that could correct the criminal justice system. On an individual level, there are steps you can take to wipe your criminal history. Call Easy Expunctions at 210) 816-6655 to determine your eligibility and find your path to a clear record today.
Benefits to expunging your criminal record
There are many benefits to expunging your criminal record, the most obvious of which is that any potential background checks will come up clean. But is this really a necessary step? Do others care about past arrests, felonies, or convictions? Simply put, yes. You’ll always come across someone who wants to dig into your past and find a reason for mistrust. While this isn’t always a problem on a personal level, there are times when a look back at past mistakes could hinder your future’s success in terms of work, living, and finances. Below are four people you’ll encounter who will likely run a background check on you for one reason or another.
Potential Employers
Not all employers are required to run a criminal background check, but most private employers will opt for it (roughly 80% of employers currently conduct criminal background searches). Employers will typically do a background check on you to see your credit history, driving record, criminal record, etc. There are professional reasons behind this—to verify your identity, age, and security clearance—but truth be told, employers typically want to hire trustworthy individuals. They want to feel confident in their hire. Moreover, laws are complicated, so your criminal record can keep you from getting certain positions or licenses.
Landlords
It’s common for every lease application to come with a tenant background check; most will even charge you for the cost of screening fees. Landlords want to know who they’re handing the keys to— they’ll check for bad credit, eviction and court records, and employment/rental history. They do this for a number of reasons. Most landlords don’t want an unruly tenant; what they do want is to feel confident that they’ll be receiving rent payments, protect themselves from liability, reduce tenant turnover, and keep their community safe.
Lenders and bank professionals
Getting a loan is an extensive process that comes with a hefty stack of paperwork. Because there is a large amount of money exchanging hands, lenders will perform applicant background checks before issuing a loan. Their job is to assess the risk associated with giving a loan to someone. Applicants undergo background checks to determine whether they’ll be approved and what their interest rate will be. While the degree and extent of the background vary on the type of loan, lenders might discriminate based on a criminal record.
Neighbors or friends
While mere acquaintances are less likely to run a background check on you, it’s still a possibility. People tend to choose their company carefully. Some will choose to run a background check on friends, neighbors, acquaintances, and even potential dates. When it comes down to it, people don’t need to justify their reasons for performing these checks because the information they find is part of the public record.
Knowing that a conviction is on your record makes it easier to freely apply for jobs, find a new home, and live with a general peace of mind. One in three Americans run into trouble with the law by age 23; this doesn’t mean that you have to let your history stand in the way of your success. It’s important to know your rights—you don’t have to let your past hold you back if you’re eligible for an expungement. Keep tomorrow in mind by taking those first steps to clear your record today.
Both an expunction and an order of non-disclosure can do wonders for your personal reputation. They both provide a second chance and prevent a past mistake from defining your future. While they are similar in nature, there is a key difference between the two. In short, an order of non-disclosure hides your record from the public, while an expunction hides your record from everyone.
With an expunction, the court seals and destroys all records. The arrest or charge is removed from your record, so it’s almost as if it never happened. Agencies who are notified of your expunction are ordered to destroy records, so they can’t be used against you in the future. An expunction essentially cures your criminal arrest, erasing court records, files, and even trial transcripts.
With an order of non-disclosure, all state and federal agencies are required to seal your record, so the general public does not have access to your criminal accusations. Although they prevent law enforcement agencies from disclosing your offense, a non-disclosure does not order any records to be destroyed. This means some still have access to your record, including the police, governmental agencies, and even some licensing agencies.
Even though a non-disclosure has somewhat fewer protections than an expunction, it still provides a valuable step towards clearing your reputation. If you’re not eligible for an expunction, you may still qualify for an order or non-disclosure. This is an important investment in your future and will help you freely apply for a job without worrying about an unclean record.
If you’re looking to change your life and broaden your opportunities contact us to see what record-cleaning services we can offer you, and allow our streamlined process to fast track justice and give you the fresh start you’ve been searching for.
Jake Rainey was only twenty years old when he picked up a ticket for possession of a small amount of marijuana. Jake, who was also a student at a Houston university, and an intern at a wealth management agency, had no prior offenses on his record. Before his marijuana ticket, Jake was simply a good kid with ambition and a bright future.
Fast forward one year, and Jake is still bearing the consequences of his ticket. He has graduated college, but his case is still being prosecuted, with charges against him pending. He has had to make appearances in court, in addition to paying hundreds of dollars in legal and court fees.
The charges against Jake can easily be discovered through a basic background check, which means potential employers see Jake’s criminal activity. This has left him with no employment after graduation, and an expensive legal maze to navigate through. He never thought that possession of a small amount of marijuana could change his life in such a drastic way.
Today, cases like Jake are easily prevented, thanks to Harris County District Attorney’s latest moves in deregulating marijuana possession, District Attorney Devon Anderson announced in October last year that Harris County would no longer prosecute non-violent, first-time offenders caught in possession of marijuana under 2 ounces.
Now, this doesn’t mean that marijuana is legal and that Houston is the new Denver. The idea is that marijuana offenders will be punished, but in a manner that reduces the burden on both the offender and the criminal justice system. They will be arrested and finger printed, but no charges will be filed, and the offenders will never enter the legal system.
That’s a big move for Harris County, where someone is arrested for marijuana possession every fifty minutes. A typical marijuana possession case goes through a police officer, a jailer, a prosecutor, a judge, a clerk, a defense lawyer, and a probation officer, and costs the state over $3,000 per case. Even Houston’s police chief Charles McClelland agreed that marijuana violations were creating an overbearing load on the legal system.
Possession of marijuana is still illegal in Harris County, but many offenders will no longer face prosecution or have charges filed against them. In the case of Jake Rainey, that would have meant no court dates and fees, and no blemishes on his record that are holding back his professional career.
That is exactly the purpose of Houston’s new law, according to Anderson. “We are targeting the people we believe are self-correcting and will be ‘scared straight’ by being handcuffed and transported,” Anderson said. “Our goal is to keep these individuals from entering the revolving door of the criminal justice system.”
Harris County is one of the many places across the country getting looser on marijuana laws. While possession is not legalized to the extent of states such as Colorado and Alaska, the new regulations still address a valid concern for many first-time offenders, such as Jake, who don’t want to see their future blown away in a puff of smoke. It ensures that good people who make small mistakes are not harshly punished for their mistakes. Keeping small-time marijuana users out of the legal system helps establish a better use of resources for the criminal justice system, and a brighter future for people like Jake who have ambitions and talents than can contribute to the community, instead of being a burden on it.
Sources:
http://abc13.com/archive/9439459/
http://www.chron.com/news/houston-texas/houston/article/First-offenders-could-get-a-pass-on-pot-5794016.php
Marijuana Legalization: ‘Enforcing Laws Is Waste Of Time,’ Houston Police Chief Says
Mugshot Sites profit through extortion
The consequences of a legal issue can extend beyond the courtroom. There are businesses out there that want to profit off of your legal issues, and it’s important to be fully aware of your rights when dealing with them. Some businesses used to prey on people who had been arrested by uploading their mugshots online and forcing people to pay a fee in order to have their pictures taken down and removed.
Websites like BustedMugshots.com and MugshotsOnline.com attempt to make a profit through extortion, even against people who have had their cases dismissed or expunged. This creates problems for people’s online reputation, which can affect their employment, education, and more. Thankfully, there are regulations in place designed to protect people from these types of predatory businesses.
A federal lawsuit, which started in Ohio courts, established a precedent that if an individual has had their charge dismissed or expunged, businesses cannot force them to pay a fee for removing evidence of their arrest. Essentially, once the court says that there is no longer a case of an individual, these websites must be willing to take down and remove the information about the person without extorting a fee out of them.
Attorneys representing these businesses claim that they are providing a service and have first amendment rights to put these mugshots and profiles up online. These claims, however, do not come before your rights in the legal system. Once your case has been dismissed or expunged, you can deny any evidence of it ever happening.
Despite the lawsuit and new regulations, these websites still attempt to prey on individuals who have been through the legal system. Employers, friends, and the general public can all easily access this information. That’s why it’s critical to know all your options and rights, even after your case is over. Easy Expunctions puts the right tools at your fingertips to help clean your record in just a few clicks.
When you are given a citation or charged with an arrest, going through the legal process can be an incredibly stressful task. Usually, you have to hire a lawyer. Then there are several different departments you must visit in order to file the necessary documents, hundreds of dollars in legal fees you must pay, and several appearances in courts you must attend just to finish your case proceedings. Unfortunately, after all that work, the consequences of your case do not end there.
Once your case is over, chances are you won’t walk out of the courtroom with a clean slate. Any charges, indictments, and convictions that resulted from the proceeding are now on your criminal record. This presents some major complications for people who are looking for jobs, seeking an education, or trying to acquire a loan.
Any time you commit an offense, it adds to your criminal record and makes the consequences of your offenses even more severe. That’s why it is essential that you not only take care of your legal proceedings in the courtroom but also ensure that your criminal record is kept clean.
A common misconception is that if a person goes to trial and receives probation or is found not guilty, nothing will be added to their criminal record. This is untrue and can lead to some unpleasant surprises when applying for jobs or loans.
The first step you should take after your legal proceedings are over is to run a background check on yourself so that you can see all the public information about your legal history. This is the same information that is available to employers and banks, so it is important that you are aware of your own background to avoid any surprises later on. By signing up for an account on EasyExpunctions.com, you automatically get a free background check, so you know exactly where you stand in terms of your legal history.
If your background check reveals any offenses that are still publically viewable, then you need to take action to clear them from your record. This can be done either through an expunction or a non-disclosure.
With cases that quality for expunctions, all records of the charges are destroyed. They cannot be used against you in the future in a court of law, and you can deny the charge ever happened. It’s like the case never even happened.
A non-disclosure is similar, as it hides the offenses from public view, meaning no employers, banks, or other institutions can see the charges. The only people who can still access the information after non-disclosure are government agencies. No matter what service your case qualifies for, both of these solutions ensure that your criminal record is clean and does not come back to haunt you.
After using the free background check on EasyExpunctions.com, we let you know which offenses qualify for an expunction and which ones qualify for a non-disclosure. We offer both expunction and non-disclosure services, and in just a few clicks, you can be on your path to a clean criminal record and a fresh start.