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A person may petition the court for expungement if the charge did not result in conviction at any time. [56] When a person is convicted of a crime how they can get an expungement varies. If the charge was a summary conviction, then a person will become eligible when they are arrest and prosecution free for a period of five years. [ 56 ]
The petitioner prepares a petition for expungement, often using a standard petition form; The petitioner files the petition with the court where the conviction occurred, and serves copies of the petition on other interested parties such as the prosecutor's office; The court holds a hearing on the petition to verify that the petitioner is ...
Pardons extend to all federal criminal offenses, except in cases of impeachment, [1] [2] and entail various forms of clemency, including commuting or postponing a sentence, remitting a fine or restitution, delaying the imposition of a punishment, and providing amnesty to an entire group or class of individuals.
There is no direct precedent for an expungement of an impeachment, and scarce analogues in American government exist. One partial-analogue was the 1837 vote by a Democratic-controlled Senate to "expunge" an 1834 censure of Democratic president Andrew Jackson. This censure had been adopted by a previous Whig-controlled Senate. [4]
The first petition under this process was filed in 1972 to allow cannabis to be legally prescribed by physicians. The petition was ultimately denied after 22 years of court challenges, but a synthetic pill form of cannabis's psychoactive ingredient, THC , was rescheduled in 1986 to allow prescription under schedule II. [ 4 ]
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Expulsion is the most serious form of disciplinary action that can be taken against a member of Congress. [1] The United States Constitution (Article I, Section 5, Clause 2) provides that "Each House [of Congress] may determine the Rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member."
As in federal court, the plaintiff may seek a waiver of service by mailing the defendant two copies a request to waive service of process along with a form provided by the court, and a prepaid envelope for return delivery. A Virginia defendant may return the waiver within 30 days, and will then be given 60 days from the date that the request ...
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