Frequently Asked Questions
How Can I Remove an Arrest Record From My Personal File?
If you have a criminal record that you'd like removed from your public file, then you must first decide whether you want it expunged or sealed. Expunged means to have the record removed from your court file forever. To seal the record means it won’t be available for public view, but, court and legal officials can request the right to view sealed records at any time. To do either you need to file a petition with the local district court where the record resides.
If the individual's court record is of a criminal nature and the person was found guilty of a crime or has many offenses on file, then it is best to seek the advice of legal counsel. In cases where the individual was found not guilty or the case was dismissed and you have good reason(s) for requesting the record be removed (affects future employment, security clearance, ability to be bonded, etc.), then the motion to seal or expunge will almost always be granted by the court. However, since there is a legal process involved it’s best to seek the guidance and advice of an attorney to avoid delays, error or refusal.
What does the term ‘presumption of innocence’ mean?
The United States is built on the premise that all people are innocent until proven guilty. You have a right to a fair trial by a jury of your peers. It's the prosecutors job to prove beyond a reasonable doubt that you committed the crime of which you are accused. A jury then deliberates to decide if you're guilty or innocent. Throughout the trial you do not need to do or say anything to prove your innocence or say anything that could incriminate you. Attorneys are responsible for bringing out the truth.
I was a minor when I committed a crime and am now an adult. I'd like to clear my record. Can I do that?
If a minor has committed a crime, it’s filed as a juvenile record with the courts. In many cases the judge will allow and order the record to be expunged upon the individual turning 18 years of age if he or she has demonstrated good behavior for a specific period of time. However, if the offense was of a criminal nature and the record wasn’t given any consideration by the court then the record will remain on file. If you’re not sure if the record is still active you can use a confidential nationwide online search system to run a background check. It’s also advised you contact the district court where the record resides to complete your due diligence and contact legal representation.
What are White Collar Crimes?
White collar crimes are crimes that are financially or economically motivated, and are non-violent in nature. These crimes are solely committed for illegal monetary gain. Below is a list of the types of common white collar crimes.
Phone Fraud and Telemarketing Fraud - a scheme in which a criminal communicates with a potential victim via the telephone.
Credit Card Fraud - unauthorized use of someone’s credit card to charge purchases to the victim’s account or removing funds from an account without their knowledge.
Internet Fraud - refers to the perpetration of a fraud through the use of a computer, a website, or the internet.
Bankruptcy Fraud - concealing assets, intentionally filing false or incomplete forms, filing multiple times for bankruptcy in several states or bribing a court-appointed trustee.
Health Care Fraud - the filing of dishonest health care claims in order to turn a profit.
Environmental Crimes - destruction or harm to wildlife habitats, animals, soil quality, air quality, water quality, hazardous waste, greenhouse gas emissions and recreational locations. The federal government and the Environmental Protection Agency regulate environmental issues to protect nature and the other natural resources.
Which state has the highest crime rate in America?
Ironically, it's Washington D.C. However, New York City has the highest gun crime in America.
What happens if you bail someone out of Jail and they are later found guilty? Will I still get my bond back?
As long as the person shows up for all their court appearances, you will will have the bond money returned to you when the case is decided. It makes no difference if they are found guilty or not guilty. Bail is a fee that is paid to the courts to ensure that a person charged with a crime will return to be tried in court. If the accused does not go to court, the bail money is forfeited. So, it is in the best interest of the one posting bail to ensure that the accused returns.
After being arrested what rights do I have, if any, when the police question me?
For the answer to this question you can refer to the Miranda Rights. The Miranda Rights state that you have the right to remain silent. Anything you say can be used against you in court. You have the right to an attorney before answering any questions or have one present when being questioned. If you decide to answer questions, you can stop at any time and refuse to continue. You have the right not to answer any questions that could incriminate you. You also have the right to reasonable bail, a fair and public trial, to be informed of the charges against you, the knowledge of any witnesses against you and to gather witnesses of your own.
Frequently Asked Questions
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