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Expungement
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 be "expunged". ''Black's Law Dictionary'' defines "expungement of record" as the "Process by which record of criminal conviction is destroyed or sealed from the state or Federal repository." While expungement deals with an underlying criminal record, it is a civil action in which the subject is the petitioner or plaintiff asking a court to declare that the records be expunged. A very real distinction exists between an expungement and a pardon. When an expungement is granted, the person whose record is expunged may, for most purposes, treat the event as if it never occurred. A pardon (also called "executive clemency") does not "erase" the eve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Record Sealing
Record sealing is the process of making public records inaccessible to the public. In many cases, a person with a sealed record gains the legal right to deny or not acknowledge anything to do with the arrest and the legal proceedings from the case itself. Records are commonly sealed in a number of situations: * Sealed birth records (typically after adoption or determination of paternity) *Juvenile criminal records may be sealed *Other types of cases involving juveniles may be sealed, anonymized, or pseudonymized ("impounded"); e.g., child sex offense or custody cases *Cases using witness protection information may be partly sealed *Cases involving trade secrets *Cases involving state secrets Filing under seal in US court Normally, records should not be filed under seal without a court permission. However, FRCP 5.2 requires that sensitive text – like Social Security number, Taxpayer Identification Number, birthday, bank accounts, and children’s names – should be redac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pardon
A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the jurisdiction. Pardons can be viewed as a tool to overcome miscarriage of justice, allowing a grant of freedom to someone who is believed to be wrongly convicted or subjected to an excessive penalty. The second-best theory of pardons views pardons as second-best to Right to a fair trial, fair justice. Pardons can be granted in many countries when individuals are deemed to have demonstrated that they have "paid their debt to society", or are otherwise considered to be deserving of them. In some jurisdictions of some nations, accepting a pardon may ''implicitly'' constitute an admission of guilt; the offer is refused in some cases. Cases of wrongful conviction are in recent times more often dealt with by appeal rather than by pardon; however, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Records (Clean Slate) Act 2004
The Criminal Records (Clean Slate) Act 2004 is an Act of Parliament in New Zealand administered by the Ministry of Justice. It allows for a criminal record to be hidden from the public if the person is eligible. At the time the act was passed, the Ministry of Justice estimated that it may be applicable to 500,000 people (an eighth of the country's population at the time), the majority of which committed a minor offence in their youth. In 2015 it was reported that just over 220,000 people have had their convictions wiped since the Act was introduced in 2004. Eligibility In order to be eligible under the Act a person must have: * no convictions within the last 7 years; * never been sentenced to a custodial sentence (e.g. imprisonment, corrective training, borstal); * never been ordered by a Court during a criminal case to be detained in a hospital due to his/her mental condition, instead of being sentenced; * not been convicted of a "specified offence" (e.g. sexual offending ag ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The UK includes the island of Great Britain, the north-eastern part of the island of Ireland, and most of List of islands of the United Kingdom, the smaller islands within the British Isles, covering . Northern Ireland shares Republic of Ireland–United Kingdom border, a land border with the Republic of Ireland; otherwise, the UK is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. It maintains sovereignty over the British Overseas Territories, which are located across various oceans and seas globally. The UK had an estimated population of over 68.2 million people in 2023. The capital and largest city of both England and the UK is London. The cities o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rehabilitation Of Offenders Act 1974
The Rehabilitation of Offenders Act 1974 (c. 53) of the UK Parliament enables some criminal convictions to be ignored after a rehabilitation period. Its purpose is that people do not have a lifelong blot on their records because of a relatively minor offence in their past. The rehabilitation period is automatically determined by the sentence. After this period, if there has been no further conviction the conviction is "spent" and, with certain exceptions, need not be disclosed by the ex-offender in any context such as when applying for a job, obtaining insurance, or in civil proceedings. A conviction for the purposes of the ROA includes a conviction issued outside Great Britain (see s1(4) of the 1974 Act) and therefore foreign convictions are eligible to receive the protection of the ROA. Under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (section 139), the act as it applies in England and Wales was updated to provide new rehabilitation periods – with mos ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Disclosure And Barring Service
The Disclosure and Barring Service (DBS) is a non-departmental public body of the Home Office of the United Kingdom. The DBS enables organisations in the public, private and voluntary sectors to make safer recruitment decisions by identifying candidates who may be unsuitable for certain work, especially involving children or vulnerable adults, and provides wider access to criminal record information through its disclosure service for England and Wales. Legal context It is a legal requirement in the UK for regulated activity employers to notify the DBS if a person leaves or changes their job in relation to having harmed someone. It is an offence for any person who has been barred by the DBS to work or apply to work in Regulated Activity (whether paid or voluntary) with the group (children or adults) from which they are barred. It is also an offence for an employer to knowingly employ a barred person in regulated activity with the group from which they are barred. An organisat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Disclosure Scotland
Disclosure Scotland () is an executive agency of the Scottish Government, providing criminal records disclosure services for employers and voluntary sector organisations. Disclosure Scotland currently offers a range of products, starting with Basic Disclosures but continuing on to Standard and Enhanced checks (so called 'police act disclosures') and the PVG Scheme, operated under the Protection of Vulnerable Groups (Scotland) Act 2007. New legislation, passed in 2020, will significantly reform state disclosure in Scotland. Any person can apply for a ''Basic Disclosure'' in their own name: this is a document listing the person's ''unspent convictions'' under the terms of the Rehabilitation of Offenders Act 1974 The Rehabilitation of Offenders Act 1974 (c. 53) of the UK Parliament enables some criminal convictions to be ignored after a rehabilitation period. Its purpose is that people do not have a lifelong blot on their records because of a relatively .... Standard and E ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Police National Computer
The Police National Computer (PNC) is a database used by law enforcement organisations across the United Kingdom and other non-law enforcement agencies. Originally developed in the early 1970s, PNC1 went 'live' in 1974, providing UK police forces with online access to the lost/stolen vehicle database. The vehicle owners application quickly followed, giving the police online access to the names/addresses of every vehicle owner in the UK. The Police National Computer started holding nominal information based on the computerisation of criminal records held by the Metropolitan Police and other police forces in the late 1970s. These CRO records could be accessed online in real-time by all UK police forces via the "Names" applications. The PNC now consists of several databases available 24 hours a day, giving access to information of national and local matters. As of 18 January 2021, Kit Malthouse said that there are 13 million person records, 58.5 million driver records, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Admissible Evidence
Admissible evidence, in a court of law, is any Testimony, testimonial, Documentary evidence, documentary, or tangible evidence (law), evidence that may be introduced to a Trier of fact, factfinder—usually a judge or jury—to establish or to bolster a point put forth by a party to the proceeding. For evidence to be admissible, it must be relevance (law), relevant and "not excluded by the rules of evidence", which generally means that it must not be unfairly Prejudice (legal term), prejudicial, and it must have some indicia of reliability. The general rule in evidence is that all relevant evidence is admissible and all irrelevant evidence is inadmissible, though some countries (such as the Law of the United States, United States and, to an extent, Australian legal system, Australia) proscribe the prosecution from exploiting evidence False evidence, obtained in violation of constitutional law, thereby rendering relevant evidence inadmissible. This law of evidence, rule of eviden ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
