Expungement In The Criminal Justice System
During the early stages of the criminal justice system, policymakers realized that children who are involved in delinquency, tend to mature and become productive members of society. To aid these individuals in their rehabilitation, it is important that their past transgressions remain in the past. The concept of expungement is the “removal of a conviction from a person’s criminal record”(Kessler, 2015,p.409). The term of expungement does not mean that the records are destroyed. The records are not completely removed they are still used for law enforcement purposes. The federal government may access these records if an individual is pursuing a public office or professional license. Once you have completed the expungement process, one could …show more content…
In Tennessee, the expungement laws are outlined in Tennessee Code Annotated 40-32-101, the destruction or release of records. An individual attempting to get an incident expunged from their record, cannot be convicted of any other criminal offense. This includes offenses in other states and any federal offenses in addition to the offense that you are attempting to expunge. There must be a five-year time span from the completion of sentencing for their conviction. There also has to be a completion of your requirements mandated through our conviction such as fines, restitution, court cost, and assessments. Obviously, one would have the need to complete his/her imprisonment and/or probation. You also must have met the requirements of your supervised and unsupervised release. The individual seeking expungement must also complete any alcohol or drug treatment program for no less than a year prior to petitioning for …show more content…
Has your misdemeanor or felony charge been dismissed? There is also the term of “nolle prosequi” used by the court's system, which essentially means that the prosecution will no longer pursue the charges. This would also constitute an incident accessible for expungement. Even an individual who has been to trial can have a record destroyed if they were found not guilty by a jury. Also if they have received “no true bill” when indicted by grand jury. You are also eligible if you were arrested then released without charges to have a record destroyed. Also if an order of protection was granted to an individual, but was eventually denied or defended through a hearing of the
Example Of Larry Servedio Case
619 Words | 3 PagesIn today's era, when a criminal is charged for various crimes their given a shortcut to justice by simply accepting a plea deal. In this case, Larry Servedio faces multiple felonies: first-degree kidnapping, first-degree rape, third-degree rape, third-degree criminal sexual act, third-degree criminal mischief, criminal impersonation, second-degree grand larceny, and second-degree strangulation. Servedio was also indicted for several misdemeanor charges: first-degree harassment, second-degree aggravated harassment, second-degree menacing and torturing and injuring an animal. If Mr. Servedio goes to trial and is able to prove his innocence of the charges pressed against him, then he is a free man and all charges get dropped. Yet, if Mr. Servedio
People V Smith Case Summary
970 Words | 4 PagesPeople v. Smith, 437 Mich 293, 470 NW2D 70, 78 (1991) addresses public policy conflicts and balance as it relates to the juvenile justice process (Elrod & Ryder, 2014). The issue presented in People v. Smith (1991) by the Supreme Court of Michigan is whether the inclusion in the presentence investigative report of an expunged juvenile record, in this case of defendant, Ricky Franklin Smith, requires, under MCR 5.913, presently MCR 5.925(E), that Smith be resentenced (People v. Smith, 1991). The issue involved was that Smith argued that he should be resentenced due to the inclusion of the pre-sentence investigative report of his previously expunged juvenile record. In People v. Smith (1991), it is stated that, “The purpose of the court rule,
Crossroads Juvenile Center Research Paper
1622 Words | 7 PagesThere are indication that most criminals have a juvenile records in the US, indicating that crime manifests from a tender age. Therefore, to reverse the incidence of crime, it follows that the best strategy is to reduce the criminal orientation in the juvenile offenders as opposed to hardening them and preparing them for criminal careers. The case of the Crossroads Juvenile Center demonstrates the willingness of the juvenile justice systems to make these changes on the children. References Day, S. (2014). Runaway Man: A Journey Back to Hope.
The New Jim Crow Mass Incarceration Summary
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Diversion Programs In The Criminal Justice System
308 Words | 2 PagesDiversion programs have become a prevalent form of justice in the Criminal Justice System. Diversion can be two things; diversion from jail or diversion from the legal system completely. Diversionary programs have been developed in the Criminal Justice System throughout its many levels for a multitude of reasons. Often, they are spurred on by practical concerns including, but not limited to, over-crowded prisons, the high cost of the criminal process, and as an alternative approach to dealing with those suffering from mental illnesses. Diversion may occur both before and after a trial and are aimed at avoiding the trial process (pre-trial) and incarceration (post-trial).
JJDPA Analysis
1292 Words | 6 PagesThe Juvenile Justice Delinquency Prevention and Protection Act (JJDPA) was established in 1974 and was the first federal law that dealt comprehensively with juvenile delinquency to improve the juvenile justice system and support state and local efforts at delinquency prevention. This paper will assess the JJDPA and summarize its purpose and implementation and enforcement. Next, there will be a discussion of the historical context of the policy; followed by a focus of the latent consequences. Finally there will be a vignette as to how this Act has affected a person or family as well as personal reflection toward the policy.
Felons Rights Research Paper
1067 Words | 5 PagesFelon Rights: Many people take voting for granted; many will argue that voting is a privilege not a right, as this is true among many counties. Here in the United States everyone at the age of eighteen gains their right to vote. Right now roughly 4 Million Americans will not be allowed to Vote in the United States. These people are felons that have served their debt to society.
Pardon Power In The United States
685 Words | 3 PagesCivil liability cannot be excused and harm against another can still be considered harm even if there is no longer any criminal liability. Contempt of court cannot be pardoned, as they are offences against the dignity of the court, and not necessarily offences against the law. Judicial and legislative restraint on Presidential pardon In the United States the question has never been asked whether the President in exercising his power of pardon has invaded the powers of the legislature or the powers of the judiciary. The question has always been whether the legislature or judiciary has invaded the power of the President, and it has been held that neither the legislature nor the judiciary is competent to invade that power.
Juvenile Crime Annotated Bibliography
1043 Words | 5 PagesAnnotated bibliography Childress, S. (2016, June 2). More States Consider Raising the Age for Juvenile Crime. Retrieved from PBS: http://www.pbs.org/wgbh/frontline/article/more-states-consider-raising-the-age-for-juvenile-crime/ More states are considering to raising the age for juvenile crimes before being tried as adult because young offender's mental capacity. The idea is to cut the cost of incarcerate young offender in adult prison and ensure offenders to receive proper education and specialized care to change their behavior. Putting children in adult prison does not deter crime.
Informative Speech Outline: Driving While Intoxicated
606 Words | 3 PagesInformative Speech Outline: Driving while Intoxicated Specific Purpose Statement: To inform my audience the dangers of drinking and driving, and how it can affect you and your surroundings. Central Idea: Drinking and driving is extremely dangerous: you are at risk of hurting yourself, become a threat to others around you, you can get into some legal issues if you are stopped by a police officer. Introduction: It’s a Friday!
Argumentative Essay On Food Stamps
524 Words | 3 PagesFood stamps are provided to help Americans who struggle with food insecurity. People that are not sure where there next meal is coming from are given help so they can get by in difficult times. Maine's Governor, Paul LePage has lobbied that food stamps should ban the purchasing of candy and sugary drinks. The purpose of food stamps is not violated by this restriction, candy and soda hardly count as a nutritious, filling meal. However this bill was shot down by the Federal Government, LePage's response was to threaten to scrap the food stamp program if these new regulations are not included.
The Pros And Cons Of Wrongful Conviction
949 Words | 4 PagesWith millions of criminal convictions a year, more than two million people may end up behind bars(Gross). According to Samuel Gross reporter for The Washington Post, writes that also “even one percent amounts to tens of thousands of tragic [wrongful conviction] errors”(Gross). Citizens who are wrongfully convicted are incarcerated for a crime he or she did not commit. Many police officers, prosecutors, and judges are responsible for the verdict that puts innocents into prison. To be able to get exonerated many wait over a decade just to get there case looked at, not many are able to have the opportunity of getting out.
Pros And Cons Of Retributive Justice
1479 Words | 6 PagesToday our justice system has a multitude of options when dealing with those who are convicted of offenses. However, many argue that retributive justice is the only real justice there is. This is mainly because its advantage is that it gives criminals the appropriate punishment that they deserve. The goals of this approach are clear and direct. In his book The Little Book of Restorative Justice, Zehr Howard (2002), illustrates that the central focus of retributive justice is offenders getting what they deserve (p. 30).
Mass Incarceration Literature Review
1728 Words | 7 PagesThe Drug Treatment Alternative-to-Prison Program is another attempt to provide better treatment for people who are convicted. The study showed that drug offenders who underwent a treatment program outside of prison had a 26 percent less rate of re-arrest after two years than a control group that was sent to prison (Justice Policy Institute, 2010). Rehabilitative programs like the Second Chance Act and the Drug Treatment Alternative-to-Prison Program has shown to growth and positive
Misdemeanor Vs Felony Case Study
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