New Jersey Supreme Court rules that expungements do not negate bans on public employment

Public workers who commit crimes are barred from future public employment when the infractions involves their jobs — even if they later have their records expunged, the New Jersey Supreme Court ruled on October 27, 2010.

"When a person is convicted of an offense that 'involves and touches upon' that person's public office, the obligatory forfeiture of public employment provisions of (state law) are triggered," Justice Roberto Rivera-Soto wrote for the majority. Those provisions say a person "shall be forever disqualified from holding any office or position of honor, trust or profit" in the state.

The case involves a former detective, identified in court papers only as D.H., who worked in the Monmouth County Prosecutor’s Office from 1985 to 1999. In June 1999, according to the decision, a local employer called and asked D.H. to conduct a criminal background check on a job applicant. D.H. checked the Criminal Justice Information System and found the prospective employee did have an arrest record.

The following month, representatives from the prosecutor's office and State Police questioned her, and she was charged in September 1999 with the disorderly persons offense of purposeful and unauthorized access of a computer. D.H. pleaded guilty and agreed to forfeit current and future public employment, the decision said.
Considering D.H.’s "unblemished past" and agreement to give up her job, a trial judge sentenced her to pay $110 in costs and penalties.

In 2008, D.H. sought to have her conviction expunged, according to court papers. In granting her request, a trial court noted "the purpose of expungement is the elimination of the collateral consequences of a criminal conviction imposed upon an otherwise law-abiding citizen," determined forfeiture of public employment was a "collateral consequence" and voided that disqualification as well.

The state lost an appeal when an appellate panel sided with the trial court. On October 27, 2010, New Jersey's highest court agreed D.H.'s record should be expunged, but a majority of five justices found her disqualification from public employment is a separate matter that stands. Justice Virginia Long dissented, saying the expungement also should have voided D.H.'s disqualification from public employment.

D.H.’s attorney, Robert Donaher, said his client committed "a minor infraction." He said the computer lookup was done for a "former member of law enforcement."

"She no longer has a criminal record," Donaher said, noting D.H. had no plans to seek a public-sector job.

"From a practical standpoint, she's vindicated."

Judge Edwin Stern did not participate in the case.

Source: http://www.nj.com/news/index.ssf/2010/10/nj_supreme_court_rules_record.html

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Records Removal Services Announces Guarantee and Price Promise

Records Removal Services, the Leader in Criminal Record Expungement, today announced its Guarantee and Price Promise:

GUARANTEE: Many items must be certified and obtained in order to your criminal record to be expunged, sealed, set-aside, pardoned, or a non-disclosure successfully filed. These items must come directly from the state of your conviction and is included in your initial paperwork after you enroll.

Records Removal Services guarantees that you will be provided with the right forms, completed with all of the information both you and the states provide, with correct instructions for filing. Should Records Removal Services fail in any of these If we fail on any of these capacities, we will correct any errors at no additional cost to you!

* We cannot however guarantee the outcome of your case (your request for relief from your criminal record). Any agency that tells you that an outcome is guaranteed is lying; the decision resides solely with the Court or State Board of Pardons. Records Removal Services will, with information you provide, make a strong argument for relief using our state-of-the-art communications and client service center.

The Records Removal Services guarantee simply requires that you follow our instructions and provide us with complete and accurate information.

PRICE PROMISE: Records Removal Services provides services for thousands of dollars below market value.

Our goal is to remove your criminal record so you may rejoin the workforce, get the loan you applied for, be able to move-in to the apartment or home association neighborhood you deserve and desire.

No other company or firm can match our secured communication system in our client service center for the price we charge. Records Removal Services will continue to provide excellent services for reasonable prices.

> Posted by Records Removal Services. The information you obtain at this site is not, nor is it intended to be, legal advice.

Why expunge orders are useless unless criminal database companies are updated

Court records are open to the public. Private companies all over the country collect criminal history and other personal information from court records. These companies store that information on their own computers. In the normal course of things, no one informs these companies when a record is expunged. The courts do not even keep track of who has searched their records. Therefore the information that those companies previously stored can still be reported, not by the court, and not by State or the National Crime Information Center, but by these private companies.

Records Removal Services provides this service with your expungement order.

There is no complete solution to this problem. A partial solution exists through Records Removal Services. Reputable companies will remove arrest and conviction information upon notice from Records Removal Services. Companies that refuse to do so expose themselves to civil and criminal penalties.

Records Removal Services has identified approximately fifty six (56) of these companies. These fifty six or so companies may account for as much as ninety five percent of all private criminal history searches.

> Posted by Records Removal Services. The information you obtain at this site is not, nor is it intended to be, legal advice.

Second Chance Act (this year called the Fresh Start Act) was presented again in Congress for federal offenders

A member of Tennessee's federal representation introduced legislation again this year for federal offenders. This bill would impact federal offenders; the federal government cannot expungement, seal, or pardon state offenses. In a lot of states, the minimum waiting period is two (2) years, but at least someone in Congress is trying to get federal laws passed to remove criminal records for federal offenders. However, Records Removal Services has witnessed this proposed legislation be presented and defeated year after year.

Congressman Steve Cohen (D - Tennessee - District 9) today introduced the Fresh Start Act, legislation he authored to enable non-violent federal offenders who have served their sentences and who are now law-abiding, productive members of society to have their convictions expunged from their records. Congressman John Conyers (D - Michigan - District 14) is an original co-sponsor of the measure.

The Congressman unveiled the details of his measure at the House Judiciary Subcommittee on Crime, Terrorism and Homeland Security hearing on "Collateral Consequences of Criminal Convictions: Barriers to Reentry for the Formerly Incarcerated." Under Congressman Cohen's bill, to be eligible for expungement an offender can not have committed any other state or federal offense, whether violent or non-violent, and must have met all the terms of his sentence.

The bill allows the United States Attorney for that District to submit recommendations to the court. However, the bill would exempt sex offenders and those who commit property or financial crimes worth more than $10,000.

> Posted by Records Removal Services. The information you obtain at this site is not, nor is it intended to be, legal advice.

Texas Assistant Principal suspended for failure to disclose criminal history

Arlington, TX: A school assistant principal in Texas who exposed alleged wrongdoing in the school that employed him may wind up losing his job due to nondisclosure of his own past.

A UPI report dated 10/07/2010 relates the story of Joseph Palazzolo, an assistant principal with Arlington Heights High School currently on paid suspension. Palazzolo told UPI that administrators with the school board that has jurisdiction for Arlington High are recommending he be dismissed from his job because Palazzolo, it is alleged, failed to disclose his criminal history when he applied for his job in 2007.

That criminal history, according to the UPI report, includes a guilty plea to a federal misdemeanor charge in 1997 for failure to pay past-due child support, according to court records cited by the Star-Telegram newspaper of Forth Worth.

NOTE: Though federal crimes are no more serious than State crimes, the federal government has failed to "catchup" to the States in criminal record seals, expungement, or non-disclosures laws. Currently the federal government offers no way to seal or expunge federal criminal records; only a pardon VIA the United States Pardon Attorney may be an option.

For his part, Palazzolo said that in his view the campaign to have him terminated from his Texas labor and employment was borne from his efforts to blow the whistle on alleged wrongdoings.

> Posted by Records Removal Services. The information you obtain at this site is not, nor is it intended to be, legal advice.

Records Removal Services adds Qualification Questionnaire

In order to qualify people quickly, Records Removal Services has added the a Qualification Questionnaire. Generally, people who pass the questionnaire qualify immediately for a criminal record expungement, seal, or pardon.

> Posted by Records Removal Services. The information you obtain at this site is not, nor is it intended to be, legal advice.

Ohio Governor Ted Strickland Announces an Unprecedented Number of Clemency (Pardon) Decisions

Most of the Honorable Ted Strickland, Governor of the state of Ohio's favorable clemency decisions are grants of pardon (2005-2006: 29; 2007: 39) associated with comparatively minor and/or non-violent offenses. In every case, these pardons have been granted to individuals who have completed their entire sentence, usually many years ago. Virtually every case involves an individual who has not re-offended with the exception of traffic violations.

The individuals granted pardons today have demonstrated that they have been rehabilitated and have assumed the responsibilities of citizenship.

Former Governor Bob Taft did not act on 63 clemency requests from 2005 and 2006. So Governor Strickland's staff has been overwhelmed with reviewing all requests.

Ohio Governor Ted Strickland and Illinois Governor Pat Quinn have granted an unprecedented number of pardons.

PLEASE NOTE THAT EACH STATE IS SOVEREIGN WITH ITS OWN CONSTITUTION AND LAWS. IN GEORGIA FOR EXAMPLE, THE GOVERNOR HAS ABSOLUTELY NO PARDON AUTHORITY.

Ohio Governor Strickland has already begun his review of the 177 recommendations received from the Parole Board during 2008, after which he will turn to the 226 recommendations already received in 2009.

"I believe the clemency power should be used judiciously to give a second chance to those who have demonstrated they deserve it, and to modify the unusually long sentence that is out of sync with the norm," Strickland said. "I do not intend my clemency decisions to be seen as a determination that mistakes were made by judges, prosecutors, police officers or others in the criminal justice system. These decisions are another part of the overall system of justice that attempts to hold individuals responsible for their behavior while recognizing that ours is a society able to forgive, and welcome back, those who demonstrate they have earned, and can responsibly handle, society's mercy and forgiveness."

Ohio Governor's Constitutional Clemency Authority and Pardon Process:

The Ohio Parole Board and Governor Strickland consider applications for two forms of clemency: commutations and pardons. A commutation is the change of a legal punishment for the commission of a crime to a lesser punishment. A pardon is a complete forgiveness for a crime committed, eliminating all penalties and other legal consequences for the commission of a crime. An individual granted a full and unconditional pardon is deemed, by law, to have never committed the offense.

The Ohio Constitution authorizes Ohio's governor to grant pardons and commutations "for all crimes and offenses, except treason and cases of impeachment" (Article III, Section 11). Under Ohio law, the governor may only grant a pardon or commutation after the adult parole authority has received a clemency application and the parole authority has provided a written recommendation to the governor. The governor may follow or reject the parole authority's recommendation.

The governor's legal staff review of each parole board recommendation includes, but is not limited to: communication with the court and the prosecutor's office involved in the conviction; input and assistance from law enforcement officials, defense counsel, witnesses, victims and others who may have information relevant to the governor's decisions; consultation of official records from the offender's prosecution and appeals, the parole board's report and exhibits, petitions, letters, media reports and other documents or materials concerning the case.

The legal counsel prepares these findings for the governor's review, initially shielding their clemency recommendations at the governor's request. After a thorough and detailed discussion of the specifics of a given case, the legal staff presents their recommendation for or against clemency. The governor considers the totality of information presented for each application and decides whether to approve or deny clemency.

The governor's office estimates that in excess of 1,000 person hours have been spent reviewing the cases announced today.

> Posted by Records Removal Services. The information you obtain at this site is not, nor is it intended to be, legal advice.

Illinois Governor Pat Quinn grants a massive amount of pardons

Illinois Governor Pat Quinn granted pardons to 147 people convicted of low-level crimes in April 2010! The Governor granted 147 of 407 requested.

People who have been convicted of murder, violent crimes, sex crimes are typically automatically disqualified by both Records Removal Services and the Board of Pardons (sometimes called the Board of Pardons and Parole).

Since Governor Quinn was sworn into office on January 29, 2009, he has decided on 769 Petitions, granting a total of 321 Petitions.

Plus, Governor Quinn has his own pile, making the total pending Petitions to be around 2450, according to a spokesman in the Governor's Communications Office.

Governor Quinn is using his exclusive power to the benefit of the most deserving people, granting almost 42% of the Petitions thus far:

"Our society brands the felon with a Scarlet Letter for the rest of his or her lifetime. Essentially, once a felon, always a felon. This is wrong. This is not forgiveness. This is not mercy. Yes, people must understand that consequences come with illegal acts. But every person who was convicted of a crime, was sentenced and served a sentence, whether probation or prison. A lifetime punishment is harmful to society as a whole.

Rehabilitation must be encouraged in our society. The kid who gets caught selling dope at 18-years old should not be labeled a "convicted felon" for the rest of his life if he can prove he is a contributing member of society. If he has gone to school, purchased a home, raised a family, why should he continue to be punished?

A pardon gives the deserving person an opportunity to remove the "convicted felon" tattoo. The pardon allows for the deserving person to apply for a better job so that he or she can support his family. Rehabilitation must be rewarded." - Tamara N. Holder, Illinois Attorney, Legal and Political Commentator

Tamara N. Holder, Illinois defense and civil rights attorney/legal and political commentator contributed to his article from her commentator blog.

Pardon power in the State of Illinois is vested in the Governor, who is assisted by recommendations of the Prisoner Review Board.

NOTE:  With each U.S. state being sovereign however, each state has their own constitution and laws. In the State of Georgia for example, the Governor is prohibited from being involved in pardons and pardon power is vested exclusively in the Georgia Board of Pardons and Parole.

> Posted by Records Removal Services. The information you obtain at this site is not, nor is it intended to be, legal advice.

New Jersey Governor Chris Christie signs new legislation broadening the state's expungement statute

The Honorable Chris Christie, Governor of the State of New Jersey recently signed new legislation broadening the state's expungement statute. Governor Christie signed the legislation into law after it passed both houses of the New Jersey Legislature; the General Assembly and the Senate earlier this year.

CHANGES TO NEW JERSEY EXPUNGEMENT LAWS:

• Citizens with convictions for third or fourth degree drug distribution convictions on their record may be expunged.

• The new legislation also reduces waiting periods for the expungement of indictable (felony) convictions. Under the old law, a citizen had to wait until 10 years had passed. Under the new expungement statute, certain indictable convictions will be eligible for consideration after a period of 5 years. There will be a series of factors that the court will consider when deciding if an early expungement should be granted. The important thing is the application can be filed, in most cases, 5 years earlier than before.

The changes to New Jersey's expungement laws include other provisions, but the ones listed above are the most beneficial for people who need an expungement. For additional information, contact Records Removal Services today! Don't let your criminal history haunt you for the rest of your life!

> Posted by Records Removal Services. The information you obtain at this site is not, nor is it intended to be, legal advice.