Records Removal Services - New Indiana Expungement Law

By: Records Removal Services

Until July 2011 people convicted of criminal offenses only had the option of a Pardon by the State of Indiana. Now, the Indiana Legislature passed legislation which Governor Mitch Daniels into law and effective July 01, 2011 allows non-violent offenders to have their criminal records sealed for misdemeanor and Class D felonies.

The new expungement law applies to people who people who after eight (8) years following the completion of their sentence to have their criminal records sealed.

If granted, an individual would not be required to disclose the conviction on employment applications or any other documents outside of the criminal justice system. Furthermore, it gives ex-offenders the ability to legally state on an application for employment that they have not been convicted or arrested for a crime, removing a large barrier in finding employment.

"Every legislative session, new laws pass that directly impact the lives of Hoosiers," said Jamal L. Smith, Executive Director of the Indiana Civil Rights Commission. "It's important that we share this information with people so that everyone has a clear understanding of their rights."

Even after a seal however, Records Removal Services must still update privately owned criminal databases.

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

Immigrant Rights Group Calls on New York Governor to Extend Pardon Panel

According to Democracy Now, immigrant rights advocates are calling on New York Governor Andrew Cuomo to formalize and expand an immigration pardon panel established last year under former Governor David Paterson.

The panel was designed to allow immigrants the opportunity to defend themselves from being deported. Since major changes in immigration laws in 1996, millions of immigrants have been deported for minor crimes and crimes they were already punished for. Mizue Aizeki heads the Northern Manhattan Coalition for Immigrant Rights.

Power of the Governor or the Governor's Boards and Commissions (the Governor's of all other States have the same authority with the exception of the State of Georgia):

• A pardon from the State of New York can prevent deportation or permit reentry to the sovereign State of New York or the United States.
• People who wish to service in the New York State Defense Forces (cannot be federalized), the New York National Guard, or any branch of the United States armed forces must have a pardon from the State of New York.
• A pardon is also required from the State of New York for people who wish to travel to foreign countries. 

According to democracynow.org:

Mizue Aizeki, Northern Manhattan Coalition for Immigrant Rights: “You’re funneling people into a system where they have no way to get out. It’s a mandatory deportation. And this is a system that needs to be examined very critically, and so we’re calling on Governor Cuomo to institute this pardon panel that would allow at least many immigrants a second chance to be like, 'Look, this is my life. I’ve rehabilitated. Would you please give me another chance?' And I think it’s important to remind people that this is basically a premise of our society: that you should not be punished doubly for something that you’ve already done your time.”

Andrew Cuomo assumed the office of Governor at 12:01 a.m. on January 1, 2011, succeeding David Paterson. Governor David Paterson granted over 20 pardons before leaving office to prevent deportation alone.

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

New Rhode Island and Providence Plantations expungement laws effective

Before leaving office, two-term Governor Donald Carcieri (R) (pictured) of the State of Rhode Island and Providence Plantations signed new expungement legislation into law on June 25, 2010.

The new law allows the Expungement of Deferred Sentences five (5) years after sentencing. In Rhode Island and Providence Plantations, a motion to expunge is required to expunge a Criminal Conviction.

This law will allow anyone with a Deferred Sentence in Rhode Island and Providence Plantations to expunge their criminal record after 5 years, so long as they remain criminal activity free (not arrest for a criminal offense) during the five (5) year period.

Previously, Rhode Island and Providence Plantations Courts were regularly allowing the expungement of Deferred Sentences. However, the Supreme Court of Rhode Island and Providence Plantations ruled that a person had to wait 10 years after completion of the Deferred Sentence in order to be eligible for expungement. The new law signed by Governor Donald Carcieri (R) (pictured) essentially nullifies and overturns the Rhode Island and Providence Plantations Supreme Court ruling.

Every State or Commonwealth has their criminal code and definition of expungement, seal, pardon, or expungement after pardon. In the State of Rhode Island and Providence Plantation, expungement is defined as: "Expungement of records and records of conviction" means the sealing and retention of all records of a conviction and/or probation and the removal from active files of all records and information relating to conviction and/or probation. G.S. § 12-1.3-1.

Like most States, the conviction of a felony may be grounds for revoking or refusing to issue a professional license. Examples include: Private Investigator (R.I. Gen. Laws § 5-5-3(2), Private Security Guard Business (§ 5-5.1-8(a)(3), Pharmacist (§ 5-19-18), and Veterinarian (§ 5-25-14(1) amoung others.

Rhode Island has a registration requirement for sex offenders. R.I. Gen. Laws § 11-37-16.

Rhode Island and Providence Plantations was the first of the thirteen original colonies to declare independence from British rule and the last to ratify the United States Constitution.

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

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

> 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 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.