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After stopping a person based upon the reasonable belief that the person might be engaged in unlawful activity, or following a routine encounter such as a traffic stop, the police in the United States may perform a cursory search of the persons outer clothing for their own safety. Terry v. Ohio. [3]
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]
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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.
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Search incident to a lawful arrest, commonly known as search incident to arrest (SITA) or the Chimel rule (from Chimel v.California), is a U.S. legal principle that allows police to perform a warrantless search of an arrested person, and the area within the arrestee’s immediate control, in the interest of officer safety, the prevention of escape, and the preservation of evidence.
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Employment discrimination against persons with criminal records in the United States has been illegal since enactment of the Civil Rights Act of 1964. [citation needed] Employers retain the right to lawfully consider an applicant's or employee's criminal conviction(s) for employment purposes e.g., hiring, retention, promotion, benefits, and delegated duties.
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