Expunged Definition and Examples

Expungement is the destruction of court records related to an arrest or criminal proceeding. Even arrests that do not result in conviction end up on someones criminal record. That record can impact the person long after an offense is committed, limiting their ability to get a job, sign a lease, or attend college. Individual states have provisions for expungement to allow someone to remove a past incident from their record so that it no longer impacts them. Key Takeaways: Expungement Definition Expungement is a legal tool used by offenders and courts to eliminate past records of criminal activity. This tool can only be applied at the state level.When evaluating a petition to expunge records, a judge looks at criminal history, time lapsed, frequency of the offense, and type of offense.There is no federal statute governing expungement. The most common tool used to destroy the record of a crime is a pardon. Expunged Definition Different states have different procedures for expungement. Most states require a court order, signed by a judge, in order to expunge a record. This order includes the case number, offenses, and parties involved. It may also include a list of agencies where the records should be destroyed. Once a judge adds their signature to the order, records managers at these agencies follow state protocol for destroying the records. The standards for expungement at the state level are typically based on the seriousness of the crime, age of the offender, and time passed since conviction or arrest. The number of times an offender has committed the crime may also factor into whether a judge decides to grant an order of expungement. Most jurisdictions offer juvenile offenders a way to expunge their records. In some circumstances, a record may be expunged due to age, to make room in a state database for new records. Expungement has also been used to acknowledge prolonged periods of good behavior and as a remedy to an unlawful arrest. Expunging a record is different from sealing a record. Expungement destroys the record while sealing it limits who can view it. A court might order a record to be sealed rather than expunged to allow law enforcement to view someones criminal history, but not a potential employer during a background check. Different states have different standards for whether a court can order expungement of a record or for it to be sealed.   Expungement vs. Pardon A pardon is similar to expunging a record but makes use of a different structure of authority. An expungement order is issued by a judge, empowered to preside over legal proceedings in a court of law. A pardon is issued by an executive power like a governor, president, or king. The pardon removes any remaining sentence or penalty for a crime. It essentially forgives someone for the offense and treats them as if the offense had never occurred. Article II Section 2, Clause 1 of the U.S. Constitution gives the president the power to pardon someone convicted of a federal offense. The president does not have the authority to pardon someone convicted in state courts of a state level offense. The  Justice Department’s Office of the Pardon Attorney accepts requests from pardon seekers five years after their federal conviction or release. The office uses standards of evaluation similar to the courts in expungement cases. They look at the seriousness of the crime, behavior after sentencing, and whether the offender has acknowledged the extent of the crime. The office issues recommendations to the president in terms of the applications they’ve received. The president has final pardoning authority.   Expungement Laws in the United States There is no federal standard for expungement. The most common example of forgiveness for a federal crime is a pardon. Expungement laws and procedures at the state level vary. Some states only allow expungement after someone has been convicted of a low-level crime like a misdemeanor or infraction. The process for expungement at the state level includes a petition and hearing. In general, states do not allow expungement for serious crimes like rape, murder, kidnapping, and assault. Felonies and crimes in the first degree are also often ineligible, particularly when the victim of the crime is under the age of 18. Most state statutes require offenders to wait a set amount of time before making a request for their records to be expunged. For example, if someone wanted a speeding ticket expunged from their record, they might have to wait a set amount of years to request it and show that it was a one-time incident.  Some states allow families to request expungement of a crime committed by someone who has died. Expungement only concerns records kept at state agencies. An expungement order cannot force a private entity to remove a record of someone’s criminal offense. For example, if someone commits a crime, and a local newspaper publishes an article about it, that article would not be affected by an expungement order. Interviews and social media posts are also beyond the extent of a court order. An expungement order never fully removes the history of a crime from the public record. Sources and Further Reference â€Å"Expungement and Record Sealing.†Ã‚  Justia, www.justia.com/criminal/expungement-record-sealing/.â€Å"A Look at the Presidents Pardon Power and How It Works.†Ã‚  PBS, Public Broadcasting Service, 26 Aug. 2017, www.pbs.org/newshour/politics/presidents-pardon-power-works.â€Å"What Is Expungement?†Ã‚  American Bar Association, www.americanbar.org/groups/public_education/publications/teaching-legal-docs/what-is-_expungement-/.â€Å"Expunge.†Ã‚  NOLO, www.nolo.com/dictionary/expunge-term.html.

The Civil War Changed Women s Roles - 1362 Words

The time in American history where slavery was at its most popular often overlooks women, as many times in history tend to. In many depictions of women’s roles in slave owning households they are simply depicted as the mistress, the wife of the master. As far as female slaves are concerned, they are often simply lumped in with the tales of the men. I have always personally been interested in what women’s opinions truly were of slavery amongst a world filled with slave owning men who saw their slaves as nothing more than property. Did the women actually feel the same way as the men did? I also wondered how the experiences of female slaves differed from the lives of male slaves, as sometimes slavery is put together as one massive institution and fails to look at the individual lives and experiences that slaves had, particularly female ones. I wondered how the Civil War changed female perspectives on slavery and how the war changed women’s roles in the home during t hat time while their husbands were away. The readings for week eight about women in the slave regime allowed to view the civil war and the institution of slavery, for the first time, through the eyes of the women rather than the men. Enslaved women’s experiences are excellently defined in Stephanie Camp’s article â€Å"The Pleasures of Resistance† by using their physical body as a political resource. Dr. Camp’s description of the body as both the most private and the â€Å"most personal, intimate thing that people possess†Show MoreRelatedThe During The 19th Century902 Words   |  4 PagesThe events in the 19th century had changed the lives of women and blacks completely. It was an age where the impact of the industrial revolution caused a sharp differentiation between the gender roles, especially of the upper and middle classes. 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The Malala Debate Free Essays

The Malala debate There is a groundswell of sympathy for Malala and also a strong demand for the Pakistani state to do something about the issue. Much of the discontent is directed toward the Pakistani Taliban, the extremist group that has claimed responsibility for the shooting and declared it has vowed to kill Malala if she recovers from her injuries. Also, it has issued fresh threats to another girl Hina Khan of Islamabad who is also known for her female rights activism and pro education stance. We will write a custom essay sample on The Malala Debate or any similar topic only for you Order Now This threat comes two weeks after the Taliban shot Malala. Hina is originally from the Swat valley but was forced to move with her family to Islamabad in 2006 after she publically criticised the Taliban’s atrocities. The Malala incident has renewed the attention on the plight of women in Afghanistan. Twenty one year old Afghan activist Noorjahan Akbar, who has been leading a fight for women’s rights in Afghanistan, has articulated that Malala’s case will strengthen her and others fight for girl’s rights. Cofounder of a non profit group called Young Women for Change; she has been instrumental in organising trailblazing efforts such as the first Afghan march against street harassment, radio campaigns about gender equality and street posters against child marriage and abuse. This year, her group opened a women’s Internet cafe in Kabul, providing a forum for women to gather and share ideas. Although women in Afghanistan are for the cause of Malala and support her fight but there are many other women activists like Akbar who are fighting for the same cause and not getting the support they deserve. No doubt, Malala’s case is more horrifying as she is young and nobody would look at her as a threat as a 14-year old girl promoting education, no one has heard about Hanifa Safi women activist who was killed this summer. Fifteen girls had acid thrown on their face a couple of years ago but no public protest was held. More than 300 girls were poisoned in Afghan schools this summer specifically because they wanted to have access to education; unfortunately no one talks about it. Malala’s case has created a buzz which it deserves and the way its gaining popularity can help to highlight these cases which re otherwise completely ignored. The Civil Society Movements The Malala incident and eventually her cause got support from almost all parts of the World especially from the South Asian Countries where human rights activists, acedemicians, students and members of civil society took to streets to condemn the attack. From Madonna to Angelina Jolie to top Politicians like Hina Rabbani Khar and Rehman Malik, people from all walks and corners of the World are appreciating her courage and have vowed to support her mission to ensure education for girls in Pakistan. The Pakistan government has offered to provide security to Malala when she will return to Pakistan and has promised to provide all necessary help. Even the Sunni clerics in Pakistan have issued a Fatwa against the Taliban, decrying an attack on a girl as un-Islamic, which speaks volumes about Malala and her cause and how people from diverse background are in the same boat for the cause. In a message of defiance to the Taliban, authorities in Swat have decided to rename a government college after Malala. The College offers high school and undergraduate education for 2,000 girl’s and young women. Can this be sustained? Although the cause for women’s rights in Taliban affected areas has been supported by the developing countries and the western world, it has always been very hard to implement it at the grass root level. The women activists or others spreading education or fighting for women’s rights have to face the brunt of the Taliban. Malala’s cause has gained support from every corner, the blog she wrote for BBC with the pseudo name Gul Makai about the poor state of girls in Swat under the Taliban earned her innumerable sympathizers. The International Children’s peace prize in October 2011 and Pakistani first National peace prize further gave recognition to her work and the documentaries made on her added to the popularity. The Taliban feared that she is being held as a hero by the World and thus shot her which only added to more support for her cause. Thus, considering all the above factors and the debate and support she has generated, it is not wrong to say that the momentum evoked by the Malala movement is likely to sustain for a longer period of time and even more so if she returns to Swat and take the battle to its logical end. How to cite The Malala Debate, Essay examples