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Even if the immigrant was convicted, made restitution, and as part of a plea agreement had the court record expunged, that initial conviction will still appear on the immigrant's record and the immigrant may well find him/herself in deportation proceedings (as was the case of Padilla v. Kentucky (2010)).
Expungement, which is a physical destruction, namely a complete erasure of one's criminal records, and therefore usually carries a higher standard, differs from record sealing, which is only to restrict the public's access to records, so that only certain law enforcement agencies or courts, under special circumstances, will have access to them.
In the common law legal system, an expungement or expunction proceeding, is a type of lawsuit in which an individual who has been arrested for or convicted of a crime seeks that the records of that earlier process be sealed or destroyed, making the records nonexistent or unavailable to the general public. If successful, the records are said to ...
A few states restrict the information that can be obtained from an arrest record, especially when it concerns individuals who were never charged, were acquitted or had their records expunged. Again, the determination will often result in a balancing test comparing the public's interest in disclosure against the individual privacy interest."
A judge has expunged the misdemeanor convictions of a St. Louis couple who waved guns at racial injustice protesters outside their mansion in 2020. Attorneys Mark and Patricia McCloskey filed a ...
The release, dissemination or use of expunged records by any agency is prohibited. Unless being questioned under oath, the defendant may deny the occurrence of the arrest and expungement order. [ 1 ] [ 3 ] If questioned under oath, the witness may only respond the matter was expunged.
3 ways to avoid complications and probate after you die. It can be tough to think about our own death. But taking action ahead of time can be a gift to your mourning family, who is left to pick up ...
A vital statistics system is defined by the United Nations "as the total process of (a) collecting information by civil registration or enumeration on the frequency or occurrence of specified and defined vital events, as well as relevant characteristics of the events themselves and the person or persons concerned, and (b) compiling, processing, analyzing, evaluating, presenting, and ...