Why Does An Arrest/case Show Up On Background Checks After It Has Been Restricted
The old restriction process in Georgia covered only the criminal history information maintained by the Georgia Crime Information Center and the arresting law enforcement agency. Private background companies, therefore, still had access to information about your case in their records because the information remained public at the courthouse and the jail/detention center. Beginning on July 1, 2013, Georgias new law allows the restriction of these records. Once the record is no longer publicly available, federal law requires that private background companies remove the information about the case from the databases if the information cannot be verified.
Collateral Consequences Exacerbate Punishment
77 million Americans have a criminal record
Expungements are needed because punishment in America does not end with time served or a fine paid. Little-known, major, lifelong collateral consequences to arrest or conviction can bury a person and stay with them their entire lives.
The scale of people affected is enormous: about 70 to 100 million people in the US have been affected or will be affected by the collateral consequences of incarceration, arrest, or conviction.
For example each year, 620,000 people return to their old neighborhoods from federal or state prison. But how are they helped?
44,000 collateral consequences of a criminal record
Various sanctions block the successful reintegration of the nations offenders. Though their debt to society is served, individuals with criminal records can potentially face 44,000 separate collateral consequences via federal and state laws and regulations, according to the National Inventory of Collateral Consequences of Conviction of the Council of State Governments.
These are sanctions, restrictions, or disqualifications that attach to a person because of the persons criminal history and can affect the persons ability to function and participate in society, the US CCR report finds. They are uniquely extensive and debilitating.
Criminal background checks
Employment discrimination can be one of the most serious and pervasive collateral consequences faced by people with criminal convictions, the US CCR found.
What If No Charge Was Ever Filed Against Me
If you were arrested on or after and not charged with a crime, your arrest will be automatically expunged within 60 days of your release from custody.
If you were arrested before October 1, 2007, you may wish to contact the local arresting police department and ask them to clear the record.
An expungement is the legal means by which a criminal record is removed from public view or sealed. There are several important steps involved in the process of expunging a criminal record. This page is only intended to be a general overview of the process and provide you with basic information about the process of expunging a criminal record. We strongly recommend that you contact an expungement attorney to assist you in the process.
Also Check: Can You Search Police Reports
Ask The Police Station
In some cases, the police station will be willing to provide you with the police report documents. Though, it is important to note that the police officers are allowed to legally refuse to provide you with the report when you ask to have it. Technically, you are not legally allowed to be given documents that include witnesses information nor can they give you information about a DUI accidents victims.
Therefore, you can be denied your police report if witness details such as the following are contained within:
- Phone numbers
- Contact information
Sometimes, the police station will redact this information and provide you with an edited version of the police report.
How Long Does It Take
It typically takes about ninety days after filing a petition to get a court order to seal an arrest record in California.
Within 30 days of the courts issuance of the order to seal an arrest record, the court will notify:
- The law enforcement agency or agencies that made or participated in the arrest,
- The law enforcement agency that administers the master criminal history records, and
- The California Department of Justice.
The petitioners master criminal record and court record will then be updated to note that the arrest has been sealed. The file will be stamped that the record may not be released outside the criminal justice sector.
The responsible local law enforcement agency will ensure that this information is included in all master copies, digital or otherwise, of the police investigative report related to the arrest that was sealed.
Arrest records, police investigative reports, and court records that are sealed under this section shall not be disclosed to any person or entity except:
- The person whose arrest was sealed, or
- A criminal justice agency .20
Don’t Miss: How Much Is Police Academy Training
Can Criminal Records Be Cleared
In the United States, certain types of criminal records can be expunged or sealed by a judge or court. An expungement removes arrests and/or convictions from a persons criminal record entirely as if they never happened. Even a court or prosecutor cannot view a persons expunged record. In contrast, sealing removes a persons criminal record from public view, but it can still be accessed through a court order.
Most states provide some form of expungement or sealing for certain types of records. Yet the federal government currently does not have a regular mechanism for clearing federal conviction or even nonconviction records. Expungements and sealing typically require the individual to file a petition, appear in court, and serve a waiting period without reoffending. Taking these steps, however, can cost hundreds of dollars in legal and administrative fees, dissuading many who are eligible from expunging or sealing their criminal records. Additionally, many eligible individuals simply may not know that these remedies are even an option.
When Can A Sealed Arrest Record Be Legally Used In California
Although sealing a record effectively destroys it for most purposes, it does not entirely cease to exist.
The sealed arrest may be pleaded and proved if the petitioner is subsequently prosecuted for any other offense.12
Additionally, a criminal justice agency may, in the regular course of its duties, access and disclose the arrest to other law enforcement agencies to the same extent as if it had not been sealed.13
Sealing also does not relieve the petitioner from:
- Employment as a peace officer,
- Licensing by any state or local agency, or
- A contract with the California State Lottery Commission.16
Finally, it should be noted that sealing an arrest applies solely to the specific arrest being contested. It does not erase ones entire criminal record. People must submit a separate petition for each arrest on their record that did not result in a conviction.
You May Like: How Do I Get A Copy Of A Police Report
Step : Get A Copy Of Your Gcic Criminal Record
You can walk into your local police department and pay a small fee and you will show ID and they will print it for you. Sandy Springs Georgia charges $25.00 for instance. To get a copy of your NCIC you write to the FBI and submit a request to:
FBI1000 Custer Hollow RoadClarksburg, West Virginia 26303
You must send: 1) A signed request with an explanation for the request and your address. 2) Two completed applicant fingerprint cards with name, date of birth, place of birth, SSN and a set of ten rolled fingerprints and eight flat finger impressions. Fingerprints and impressions must be taken by a local law enforcement agency. 3) An $18.00 fee by certified check or money order to the United States Treasury. Request it under the Freedom of Information Act.
What Should You Expect In The Pardon Process
Once you or your expungement attorney begins the online expungement process, you will have six months to complete the application. This includes gathering:
- State Police Criminal History Report
- A fingerprint card
- A police incident report for every Connecticut offense within the last 10 years
- Court, probation, or police records for any unreported convictions, like driving under the influence , driving while intoxicated , or reckless driving
If you are eligible for an absolute pardon, the Pardons Board will conduct a background investigation. You will be contacted for a pre-screen session done by telephone interview. Then you and your attorney will be required to attend one of the 12 Pardon Board hearings held each year. You should plan to attend in person, even if you now live out of state.
Recommended Reading: Can You File An Anonymous Police Report
Read Also: How To Search Police Records
What Is A Criminal Record
A criminal record is a list of a persons arrests and convictions that is maintained by the criminal justice system. More than 70 million Americansnearly 1 in 3 adultshave a criminal record. As a result, more than 30 million U.S. childrennearly 1 in 2 kidshave at least one parent with a criminal record.
Not only do criminal justice agencies such as police, prosecutors, and courts have broad access to criminal records, but members of the general public, such as landlords and employers, can also search and obtain them. Even minor convictions that took place many years ago and arrests that did not result in a conviction are included in ones criminal record, meaning that even when someone is legally innocent of a crime, they could face barriers associated with having a record.
How Public Arrest Records Become Sealed
When a record is sealed, it prevents the normal methods for getting arrest records or performing a criminal background check. Via normal methods, getting public arrest records is relatively simple either visit the organization that created the record, search for an online database, or use public records search portals like StateRecords.org. Sealed records, or expunged arrest records, are specifically designed to not be accessible by the public. This can occur for multiple reasons.
To protect trade or state secrets
Criminal and civil cases that involve specific types of secrets can be sealed if the owner believes a public record would compromise that secret. These are referred to as trade secrets and state secrets, and public knowledge of them can damage a companys profitability. In the case of state secrets, their release can cause damage to a government bodys operations, and in extreme circumstances can lead to death of employees or agents. These secrets may be critical to forming a case however, so they are permissible in court. Following a court case the record is usually sealed, though rarely expunged in case the need for review arises.
Don’t Miss: What Do You Need To Become A Police Officer
What Does Expungement Mean
Expungement generally means an arrest or conviction is removed from main criminal records databases as though it was never there. Like a sponge washing a dirty dish clean. However, the definition of expungement varies greatly by jurisdiction.
Expungement is a form of records relief. It is one way to remove some of the collateral consequences of a criminal conviction. Other ways include record sealing, vacating, pardon, amnesty, or another affirmative act specifying restoration of civil rights.
Furthermore, about 6.6 million people in the U.S. are under correctional supervision, like probation or parole.
Re: Can You Expunge A Police Report If No Charges Are Filed
No this issue did not come up prior to, or during the academy. Since this is a public forum I will not disclose the exact incidents in regards to the issue, but I do appreciate the response from a law enforcement perspectiveThank you for the prompt response. I’ve sent a few emails out to agencies explaining the circumstances in full, and depending on their response should determine weather I should apply to those agencies. I could not find any statute that goes against what you are saying, so i’ll take your word. I’ll probably still contact an attorney on this matter,to see if there is anything else I can do in regards to this matter. After reading through the “Sunshine Law” myself it does seem pretty open in regards to it’s disclosure purposes. Thank you.
Read Also: What Education Does A Police Officer Need
What Remedy Do I Have If A Sealed Arrest Record Is Released
Improper dissemination of a sealed arrest can be punished by a civil penalty of between $500 and $2,500 per violation. The penalty may be enforced by a city attorney, district attorney, or the Attorney General.
Our California personal injury lawyers offer free consultations to people who have suffered damages as a result of their arrest record being unlawfully released.
Adults And Criminal Records Not Many Can Expunge An Iowa Criminal Conviction
The State of Iowas policy is to keep most criminal records public. The criminal court docket is online for anyone to see most adult criminal records in Iowa for no cost. This means that a future employer, landlord, spouse, or neighbor can see any adults Iowa criminal record.
Crimes That Can Be Expunged
Most criminal records cannot be removed from a persons Iowa criminal history. However, Iowa law provides that certain records can be expunged if qualifications are met. If they are met, the court can enter an order expunging the record of the case. To get an order expunging the record, a person typically will have to file a written paper in the court case to ask for an order expunging the record. However, some are automatically expunged. If it is expunged, this means that these records will no longer be accessible to the general public. However, it does not mean that a record of the case will cease to exist completely. It may remain on a special list available to the court, prosecutors and law enforcement.
In cases resulting in either a dismissal or acquittal, the court can enter an order expunging the record of the case if the following conditions are met:
Dont Miss: What Do You Need To Become A Police Officer
Don’t Miss: How Do Warrants Work Police
How To Remove Your Name From A Police Blotter
This page has been peer-reviewed, fact-checked, and edited by multiple qualified attorneys and legal professionals to ensure substantive accuracy and coverage. Our publication process is robust, following a 16-step content creation and review process.
If you have recently been arrested, charged with a DUI, or had a run-in with the police, chances are your name has been featured on a police blotter. Unfortunately, police blotter records do not always tell the full story and may mislead the public. Unless you take action, your name or personal information may still be featured on a police blotter even if charges are later dismissed.
By taking the following steps, you may be able to get your name and arrest information removed from a police blotter:
- Request a copy of your full police report,
- Obtain copies of the docket and journal entries from your criminal case,
- Explore whether your arrest record can be expunged or sealed, and
- Submit expungement orders to websites to get expunged or sealed records removed.
At Minc Law, we have helped more than 2,500 clients remove over 50,000 pieces of unwanted online content. We know what it takes to get negative and unflattering online content removed. We also help clients bolster and protect their online reputation, so they are not defined solely by what internet search results say about them.
Why Is This Important
Many people are unaware that details of all recordable offences remain on the Police National Computer until they reach the age of 100.
Cautions and convictions can only be removed from the PNC in exceptional cases and its important to know what those circumstances may be and how you would go about applying for them to be removed.
There is no national or formal process in place for individuals to request the deletion of a court conviction. Where a police force receives a request from an individual to delete a conviction, our understanding is that the majority of police forces would refuse.
Don’t Miss: How To Get Police Certificate In Canada
Which Records Can Be Expunged Which Cannot
Usually, the verdict or outcome of your case determines whether specific records can be expunged. It does not matter whether your case was a misdemeanor or a felony.
For most offenses, if you have been convicted , the records about that charge cannot be expunged. There are exceptions. Learn more about which records can be expunged and which cannot.
What Does It Mean To Seal An Arrest As A Matter Of Right
Under the old law the person who was arrested had the burden of proving that he or she was factually innocent.
SB 393 / PC 851.87 shifts the burden of proof to the prosecutor to prove that someone is not entitled to seal their record for instance due to a pattern of domestic violence or because charges can still be filed.
Almost everyone else is entitled to have their arrest records sealed as a matter of right . The key is that the arrest did not result in a conviction and no exceptions apply.
Recommended Reading: How Do I Find My Police Report Online
The Benefits Of Expungement
Increased job opportunities
The benefits of expungement primarily include increased life opportunities for offenders and their families. As one example, expungement and a clear record can help improve hiring chances.
An example of the impact this has in our society is that the US economy lost between $57 and $65 billion in output in 2008. This was due to vastly diminished employment opportunities for men with criminal records, according to the Center for Economic and Policy Research.
Expungement in some cases allows people to enter the cannabis tradewhere licensing is mandatory and a clean record a prerequisite.
Crime is also lower when people who serve their time have a chance to keep a job and house.
Evidence shows harsh collateral consequences unrelated to public safety increase recidivism by limiting or by completely barring formerly incarcerated persons access to personal and family support, the USCCR finds.
It is not in anyones best interests to consign ex-offenders to a permanent second-class status. Doing so will only lead to wasted lives, ruined families, and more crime, stated John Malcolm, Vice President of the Institute for Constitutional Government, and Director of the Meese Center for Legal and Judicial Studies, in the report.