31

New York Criminal Procedure - Article 160.6 states, Upon the termination of a criminal action or proceeding against a person in favor of such person, as defined in subdivision two of section 160.5 of this chapter, the arrest and prosecution shall be deemed a nullity and the accused shall be restored, in contemplation of law, to the status he occupied ...


19

First, be sure you are talking about actual expungement and not just having your record sealed. The terms “expungement” and “sealing” are often used interchangeably, but they are not the same and there are some very important differences. “Sealing” is when the general public no longer possesses the right to search for your criminal records in a background ...


15

Sorry for your loss. It appears that this is generally possible. Texas Code of Criminal Procedure, Title I, Chapter 55, Article 55.011: Art. 55.011. RIGHT OF CLOSE RELATIVE TO SEEK EXPUNCTION ON BEHALF OF DECEASED PERSON. (a) In this article, "close relative of a deceased person" means the grandparent, parent, spouse, or adult brother, sister, ...


13

Yes, you can legally say you were not arrested. The exception is law enforcement and maybe some federal jobs that I do not know about. Employers are not allowed to ask about arrests. The exception is that they can ask about open arrests - arrests that have not resulted in a disposition. Employers can ask if you have been convicted of a crime. You are only ...


6

Expungement rules and effects vary greatly by state. Good reading on the question can be had here, with notable exceptions to expungement here. Of particular relevance to this question: In some states, individuals who want to work as public school teachers, corrections guards, or police officers should expect that their employers will have access to ...


6

Your question (when read with your follow-up comments) is somewhat complex, so I am going to make a few assumptions and break it down into several sub parts. Assumptions The conviction occurred in a state where the expungement statute allows you to tell employers that you were never arrested and convicted. When you say “public records websites” you’re ...


5

In all likelihood, the judge's order related to data collection and reselling is not legally enforceable. They weren't parties to the expungement action, so the judge doesn't have jurisdiction over them. And, the First Amendment protects the right to say truthful things pretty absolutely. Arguably, if the sites provided the information without making clear ...


4

No, expungement does not give you rights to have the internet purged of your conviction. Public records sites might be interested in updating their records to reflect the expungement, but any media that reported on the incident will probably decline to remove or modify their records. Internet caches will continue to show whatever was available online in ...


3

Expunction may be possible for instance if you are acquitted, later proven innocent, pardoned, and various other things that fall short of being convicted and doing the time. The entire law is here (Texas code of criminal procedure 55.01). There is also the option of an order of non-disclosure, overviewed here. A requirement for such an order is that you ...


3

See the answer to this question. It is remotely possible that it will show up, but the new S.C. law also says that an employer cannot use that information. On the other hand, that law is not yet effective (it becomes effective Dec. 27 2018), so for the rest of the year, the information could be used, if an employer obtains is. There is a law-enforcement ...


2

It says that in the particular criminal case, all court and law enforcement records are to be destroyed. There are some limitations, one being that law enforcement and prosecution agencies must retain records for 3 years plus 120 days. These records are "under seal", meaning they cannot be released to anyone other than law enforcement, prosecution, or ...


2

Short answer: No. If a court destroys the criminal file due to age, the defendant's criminal record lives on in law enforcement databases, be it local, state, or federal. In San Diego, the Superior Court records are open to inspection. Court case files are public records and subject to public inspection. California Rules of Court, rule 2.400(a) states that ...


2

Not necessarily, if there is such a record such as the online listing you described, then I'd imagine a court would consider that as a record of the case. However I doubt a court would accept that a record could be expunged in this case. They would consider the nature of the offence, whether it was a first time offence, and a whole host of other issues and ...


1

Say you have a law change which states that something which was a crime up to Aug 30th 2020 is not a crime from Sep 1st 2020 onward. And a person has been convicted of the crime and served their sentence, or has been convicted of the crime and is serving their sentence, or is in court accused of the crime, or has committed the crime on Aug 30th or before. It ...


1

This is SB 5605 in Washington, effective July 28, 2019, which allows a person to vacate a misdemeanor conviction for marijuana possession. The process allows a person to withdraw a guilty plea, or has the court vacate a conviction after a not guilty plea, and then the court dismisses the charges. That doesn't create a right for compensation for then penalty ...


1

When someone obtains such an order sealing a record - an expectation of privacy is created. Specifically, when a record is sealed a right to privacy attaches. See, Gonzalez v. Spencer, 336 F.3d 832 (9th Cir.), cert. denied 157 L.Ed.2d 253, 124 S.Ct. 334 (2003) (attorney and law firm liable for accessing sealed case file without court authorization) See also, ...


1

I disagree that a private company need not seal its records - put simply since they do. I do not just give an answer to give it, but will add authority or links to other sources. Many attorneys offer services to send out letters attaching the court order to data brokers, for example this one in California. Most states offer some form of expungment and/or ...


1

There is a distinct different in some states expunge does not mean seal or destroy. I thought I would add some law I have used in drafting record sealing motions in the past for a more specific answer. For example here in Nevada, seal means sealed. Nevada provides that “all proceedings recounted in the record are deemed never to have occurred, and the person ...


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