Many people commit a crime at one point in their lives, some doing so inadvertently and not of their own volition, although most offenses are pre-meditated. However, for first time offences 'felony expungement' is a viable option.
To debunk the legal terminology, a felony is any crime or act that is committed which does not comply with the law of the state or country the offender resides in. However, if this is their first time committing a crime, there is the opportunity to have it 'expunged'. This is similar, but not identical to a pardon. In essence, it is effect of 'wiping' the slate clean as it means that the offence is not accessible through the state or Federal repositories. For the most part, the individual can treat the crime as if it never happened. An expungement is almost like a reward for previous good behavior, which has led to a number of high-profile individuals seeking an expungement.
Jesse Jackson Jr., the former US representative is hoping to have his criminal record erased by appealing direct to President Obama. Jackson was seen by many as quite a high-profile figure in parliament which led some commentators to be surprised of accusations of misappropriating campaign funds being leveled against him. Jackson is trying to do quite an audacious thing here, but seems to be some noises that his appeal will be successful, with Obama keen to demonstrate a more flexible side. Obama is ready to exercise more Presidential clemency, although whether this will apply to Jackson's case remains to be seen. Draconian sentencing has long been a hallmark of the US legal system (they still retain the seemingly archaic death penalty in some states) and efforts are clearly being made to modernize it.
Some Juvenile Records could potentially be expunged with proposed bill
A new bill which has been proposed by representative Arthur Turner suggests that juvenile records automatically be expunged when they reach 18 years old. This possibly suggests that he feels that such offences were part of the immaturity of youth and that the offenders would realize the error of their ways upon reaching a certain age. This seems a fairly valid assumption to make, although not all people will turn out this way. Not all juvenile records would be expunged, with certain qualifying criteria to be met. The juveniles must realize the offence they have committed and the crime should not be too severe (arson for example may be difficult to expunge) as it is not advisable to expunge a crime which is to serious. However, it does give young people a fresh start in life. Recent figures which have been released reveal that 75% of juvenile arrests in Cook County do not result in people being charged so this does infer that the severity of crimes committed by juveniles is not to severe. It is certainly a bill with commendable aims and a good function, although the practicalities of it have to be considered.
Although crime has been trending downward, but it doesn't mean its nonexistent. Plenty of murders, rapes, robberies, felony assaults, burglaries, and other serious crimes are still being committed and tried every day.
When one commits a crime and gets convicted, they are sentenced to prison, as punishment, for a certain amount of time; determined by the severity of the criminal activity. Although, there are some people who are not affected by this punishment, there are many more who resolve never to resort to a life of crime again.
When trying to start over, especially if you are a convict, it can be very hard to make a decent living; nowadays, your court records are easily accessed by prospective employers, landlords, bonding agencies, and licensing boards because of places like online court record. Many people are using this as a kind of free background check service and, as a result, those with records are being denied jobs, housing, and more.
Thankfully, there is some good news in a seemingly bleak landscape; believe it or not, it is possible to expunge your criminal record. Expungement means that the court records will either be sealed or destroyed. This is an option available to those how have met certain criteria like paying back fees, time served, and community service; to give a few examples. But, in order to do so, you must file a petition to the court asking them for the expungement. Additionally, you must wait approximately three years after conviction before filing for an expungement; these rules differ based on the nature of the case. So don't lose hope, it is possible to expunge a felony in the state of Texas.
It is not necessary to hire an expungement lawyer to determine your eligibility, but it is recommended because of the complexities of this type of pardon. An expungement lawyer will help you determine if you qualify for a felony expungement. Determination is critical so you do not waste time filing for an expungement that is not possible. In addition, a felony expungement attorney will obtain all the necessary information that you will need; making the expungement process easier for you.
In order to file an accurate petition for expungement in Texas, you must provide a lot of pertinent information. Include as much supporting documentation as you can. like prior court documentation you received during felony hearing, copy of criminal record, and proof that that you have completed any obligations that were required by the court. In addition, it might be necessary to pay for the charges that you want removed. Submit your petition for felony expungement through your local municipal courts.
In some cases, certain crimes are expunged more easily than others. Different states have taken up different approaches to restricting files. In Texas, the entire expungement process takes approximately 90 days and your felony expungement lawyer will guide you through it all.
Felony expungement is indeed a very good thing. However, it is not a good and working option, for all of those who have done very serious crimes. This is because a lot of felonies simply cannot be expunged. The only circumstances where one can expunge a felony is if the crime wasn't of a major nature. So, with this said, clear my record doesn't always happen for those who are looking for a new lease on life. An expungement lawyer in a number of cases will only work with people who have committed misdemeanors and crimes that are minor in nature. Crimes such as rape, murder, and the like are not eligible for this process at all.
Are You Eligible for a Felony Expungement?
Therefore, if you are seeking an expungement lawyer, to help you clear your name after having had committed any serious felony and was found guilty of the crime. You need to forget about ever clearing your name off of the record permanently.
Some trending court cases that are in the news do involve felonies that may never be cleared by the hand of an expunge attorney. These court cases are clearly, very brutal acts of crime, and in the light of the savagery with which they were committed by the accused parties. It is very unlikely that any of them will ever qualify for clearing their record in crime databases. One court case in particular is the Jeskey case. Roxanne Jeskey was accused back in 2011 for the vicious and brutal murder of her husband. The judge gave his verdict of guilty on this murder, just 8 days ago, and the sentence given to her is one of twenty five years to life.
The sentencing has not be sentenced yet. Judge E. Allen Hunter did describe her actions as monstrous savagery when he passed down the verdict. Roxanne Jeskey claimed to have mental problems, and used this as her defense, but it was thrown out of court. Richard Jeskey was viciously attacked in a fit of jealousy by his own wife. He was beaten, strangled, and did suffer cuts, bruises, and puncture wounds from head to toe. The assault by Roxanne Jeskey was an act of utter torture, which left him dead, and her thrown into jail for his killing. This kind of heinous crime would never be one, which could be a candidate for expungement, because of the violent nature of the crime.
Murder Cannot Be Expunged
Another convicted murderer who is making the news is no other than Charles Manson. Charles Manson is the serial killer who has become more or less an icon of evil. There was a news report released on the website called Empire News. This news report did turn out to be nothing but a hoax in reality. Nonetheless, it did spread on to Facebook and Twitter, and did state that Manson was set to walk free on parole. The truth is this, and that is, just like Manson may never get parole in his lifetime. He will also never be someone who would walk away with a clear criminal record. This is because, he was the ringleader for a group of bloodthirsty young killers, who did make up his cult that was know as “The Family.” These followers of Manson's were responsible for the cruel and heinous murders of seven innocent people in 1969. Manson will probably never be free on parole. He was denied parole for the 12th time back in 2012.
Expungements only for Minor Charges
Clear my criminal record and expunge a felony is only possible for those with minor criminal charges. Major felonies such as the ones,which are presently trending, could never be cases that would be totally free from the criminal computers across the nation. This is because they are barbaric acts in nature and not worthy of any felony expungement at all. If anything, these kind of crimes are inhuman, and something that should never be forgiven.