How Can Someone obtain a Criminal Record?
The process followed depends entirely on the jurisdiction and who is in charge of the paperwork and why the person must have the record. In many cases, a person will have to apply to each individual agency and go through their particular method before the records are released to them.
Obtaining a criminal record of an individual other than yourself,
If you are seeking the criminal record of an individual other than yourself, there are a number of ways to go about the process. If you feel the person could have background of illegal sexual conduct, the first method to select is reviewing Megan’s Law public register.
If you would like to discover if an individual is in prison, many states offer an inmate lookup on their webpages. Some states supply even more detail by providing the information on individuals that have previously been jailed or if that person is on probation or parole.
In the situation where you would like to obtain a person’s full criminal history, you must:
Supply a request for all the relative paperwork within every area that person has been known to reside.
Check with the appropriate state or federal authorities for any records they may have file
Provide all funds related to the procurement of the records and follow all the details of each jurisdiction’s procedural requirements
Each attempt should be as detailed as possible
Employ a private investigator experienced in this to conduct the search for you.
If a person’s history has been removed from public view or expunged, obtaining it may not be an option. There are cases where records pertaining to the case remains for public consumption, while other parts of it have been sealed.
What is Expungement?
This is when a party can have their past record removed like the event never transpired. There are stringent requirements for this action. For instance, some states have a separate data system for people that have been convicted of child abuse or sexual crimes, but an expungement may have no bearing on if their information is available through that service.
People decide on this method for a multitude of choices. Some would simply like something that was an aberration from their normal behavior to be removed from their record. Other people need it for employment purposes, to simply vote in political elections or to possess guns. For all cases, the opportunity to procure an expungement increases exponentially when a particular need is proven in addition to that person committing no further criminal activity.
States handle expungements very differently. There are some that do not allow the action whatsoever, others that severely restrict it and others that are quite lenient in their requirements. Significant research on whether a person can engage in the process may need to be conducted prior to commencing the process.
What is a Pardon?
An expungement is not the only choice for people to remove their criminal records. Many states do allow people to engage in the process for a pardon. While an expungement is ruled upon by the court system, a pardon is when an official abolishes the record of the conviction.
Another option is for a criminal record to be removed from public view, but this is very rare except in the case of juvenile records. In addition, a person can decide to implement a collateral attack on the conviction, but this is also very trying as an entirely separate case must be opened to perform this action within a specific time frame after a conviction is determined.
How Can You Receive a Pardon?
Again, the process fluctuates widely depending on where the action is commenced. In most cases, if the area you are seeking to implement this procedure is very lenient in supplying an expungement, that method should be followed. If that is not the best choice, a pardon may be the best option.
In the case of federal convictions, a pardon would be determined by the President and within the states they are produced by governors. They are normally not very easy to acquire and normally the process in addition to the paperwork is very extensive. Also, a person must have carried out all the terms of the punishment for their crime, including any probation or parole before they can even consider applying.