Having a record expunged or sealed is done by petitioning the court and receiving a court order that removes that arrest record from all public government records including police records. An arrest warrant is an official document that is signed by a judge and provides the police the ability to arrest a specific person. The arrest warrant often includes such detailed information as the crime the suspect committed and sometimes information stating restrictions on how the arrest may be conducted.
Some examples of arrest warrant restrictions include how much the bail will cost or whether the suspect can only be arrested at certain times of the day or other such particulars. When an arrest warrant is created as the result of a suspect failing to appear in court for a previous offense, the arrest warrant is called a bench warrant, and usually does not allow for bail.
The process of acquiring an arrest warrant entails the police submitting a written affidavit to a judge or magistrate explaining the crime and the clear specifics on how that particular suspect is implicated in committing that crime. A misdemeanor is a criminal offense that is considered a minor crime that is usually punishable by a fine or jail sentence of less than 1 year.
The specific laws that determine what crimes are listed as a misdemeanor vary according to jurisdiction, yet generally include disturbing the peace, petty theft, driving under the influence, public disturbance, simple assault and battery, and traffic violations. Misdemeanors are administered in the local municipal or justice courts, and if jail time is rendered it is usually served in the county jail instead of a state or federal prison. The classification of misdemeanors differs by state but usually includes Class 1, 2 and 3 or Class A, B and C. There is often a fourth class as well, which is considered unclassified and includes a sentence that is determined on an individual case-by-case basis.
Class A or 1 misdemeanor is the most serious and can result in jail time up to 1 year or a large fine. Class C or 3 misdemeanors are the most minor of offenses and usually do not include jail time. However, repeat offenders may receive longer jail times or larger fines. A felony conviction is the most serious type of criminal offense and can either include violent or non-violent circumstances.
Conviction of a felony results in serving prison time for a minimum of 1 year in a state or federal prison system instead of the county or local jail. Large fines may also be applied to the conviction. The list of felony crimes can vary according to jurisdiction.
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The national sex offender listing database is coordinated by the Department of Justice and enables the general public and government authorities the ability to obtain the latest information among all 50 states, the District of Columbia, Puerto Rico, Guam and numerous Native American tribes about the identity and location of known sex offenders. Anyone convicted of a sexual offense is added to the database and remains there for their lifetime, even after they have completed their sentence.
A serious traffic violation is usually a traffic crime that can be punishable as a misdemeanor or felony. Often referred to as moving violations, serious traffic violations do not usually include such petty issues as parking tickets, expired tags, or speeding tickets. The listing of what constitutes a serious traffic violation differs from state to state and is specified by a state statute. Some examples of serious traffic violations can include speeding 30 mph or more over the speed limit, reckless driving, driving under the influence, hit and run accidents and fatal car accidents, among others.
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A conviction record details the conviction of a crime that a person receives in a court of law. Conviction records are stored both physically and digitally by local, county or state law enforcement or other government agencies. A conviction record can include both misdemeanors and felonies.
Inmate records provide information on a previous or current inmate and include such information as name, date incarcerated, expected release date, convicted offense and mugshots of the inmate. The boards often have specific guidelines used to determine whether an offender is capable of release or still remains a risk to society and also has the power to revoke parole if the outlined parole conditions are violated by the offender.
A parole board also recommends clemency matters, including pardons, to the governor. Probation is often given to convicted offenders by a judge instead of or along with incarceration, allowing the offender to be released back into the community under certain restrictions. Like parole, probation is an alternative to incarceration but is different than parole because it involves conditions placed on an offender prior to or in lieu of serving jail time.
If the conditions of probation are not met, then the offender may likely be incarcerated or provided with tougher conditions and fines.
Offenders placed on probation are usually of minimal risk to society, unlike a person who served time in prison and is on parole. The conditions of parole vary widely and are sometimes outlined in statues or under the discretion of the judge. The length of time an offender is placed on parole widely varies as well, anywhere from just the time it takes to pay off a large fine, to a few months or possibly several years.
Some examples of probation conditions include fines, community service, education classes and having to report to a parole officer regularly. Juvenile criminal records are sealed criminal records not available to the public. They are exempt from the Freedom of Information Act.
Juvenile criminal records include information regarding a juvenile or minor person under 18 years who were detained or found guilty of a crime as a juvenile. Juvenile cases are treated differently than adult cases. Read and share your experiences of this on our online forum. Thank you for using the InformationHub. We'd like to know what you think about the site and how we can improve it. From 1st - 30th November , we'll be running an online survey so please click on the link that let us have your views.
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