Expungement Essays

consequences. Due to such experiences, people may struggle to get steady work, or face other obstacles to becoming a productive member of society. For some, however, the option of expungement may be available, which might help them to get back on track. What is expungement? According to the New Jersey Courts, an expungement is the isolation and removal of all records relating to a person’s apprehension, arrest, trial, disposition and detention. This pertains to the criminal or juvenile justice system

Expungement has to be a Tool on the Table Did you know the United States now locks up a higher number of it population than any other country in the Word. We now have over 2 million people incarcerated today (Jacobson, 2005, p. 8). Of the people who go to prison only 5% stay or die in jail, the other 95% are released from jail, and of those 95%, 80% are released to parole and are supervised by the system (Jacobson, 2005, p. 131). So these people are now on the streets trying to live their lives

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

While the state of Mississippi, my home state, does provide for the expungement of juvenile records, the actual process of expungement is rare. The reason for this is the state laws, which govern the sealing of all juvenile records. Even though the state law calls for the sealing of juvenile records, juvenile adjudications can be taken into consideration, by judges of the circuit courts, when determining sentences. This records can also be used, and disseminated to others, usually by court order

parties it will definitely not end at 10 p.m., this enforcement will cause the children of this generation to pay no mind and it will not cause anything to happen. Now 71% of curfew violators had 1-10 criminal or traffic charges against them.(Curfew Expungements may). logos With enforcing a law that will not work it will not create a better township but worsen it so the people will do the opposite of what is trying to be done.

The case of People v. Smith, 470 N.W. 2d 70, Michigan Supreme Court (1991), is a case that deals with the expungement of juvenile court records, and whether or not such records can be used in a pre-sentencing investigation, to enhance the penalty for an adult conviction. This case originated out of Pontiac, Michigan, where the defendant, Smith, was arrested, and subsequently pled guilty to breaking and entering, and to being a habitual offender, fourth offense (People v. Smith, 1991). Smith,

Most states implement expunged laws; at the age of twenty-seven juveniles can have their record expunged. The purpose of the law is to allow juveniles become adults without having a criminal record. In the case of Docket No. 105833 People v. Smith, 448 NW2d 794, Michigan Supreme Court (1989), during the presentence investigation into Ricky Franklin Smith he was indicted on charges as an adolescent. Smith plead guilty to breaking and entering; the career criminal past decisions resulted in his incarceration

the crimes were committed as a juvenile, those records, once expunged, literally do not exist and should not be a determining factor. Just as Puechner (2014) stated individuals who have committed juvenile offenses are entitled to petition for an expungement of any adjudication records held by the district court. If the petitioner’s request is granted, that individual is entitled to have that record erased as if the event never

question about the presentence investigation report by vacating Smith’s sentence and remand for resentencing for the decision as to what punishment is to be imposed. Compliance with the law in some states certain juvenile records provide for automatic expungement. In Smith’s case the Court of Appeals affirmed his conviction. However the decision of the sentencing judge implemented that the punishment would be carried out at the same time as another sentence Smith was already

record should be expunged we should first know what is is and the process of getting a record expunged. Expungement is the process of sealing arrest and conviction records. The process of filing for an expungement is not a long trial of courts and

Ricky Franklin Smith was convicted based on his guilty plea of breaking and entering and his fourth offense of being a habitual offender. During his sentencing hearing, the court referred to his juvenile court records and enhanced his final sentence. Smith appealed his sentencing in the Court of Appeals arguing that he was entitled to resentencing because his juvenile criminal records had been automatically expunged pursuant to former MCR 5.913 (People v. Smith, 2017). The Court of Appeals reviewed

There are many significant differences between Adult and juvenile justice systems. There are also a lot of similarities between both justice systems like they both get tried the same way depending on what crime they committed. As an examlpe, if a kid committed a murder they will get tried like an adult. Also in both cases, the accused has the right to a trial/hearing, the right to an attorney, and the right to call witnesses and cross-examine the prosecution witnesses. In both cases, There is also

Convictions In this case, Dookhan cases appear to account for a mind-boggling 25 percent of all of the drug litigation that led to convicting in the seven constituency that uses the Hinton State Lab during Dookhan’s incumbency. Yet, Dookhan was let go on parole only because this was the first time prosecutors ad the list of all the defendants affected by the case. Annie Dookhan was convicted on drug charges from fabricating thousands of test results. For someone to face such a light sentence for

Upon reviewing the case of People v. Smith 437 Mich. 293 (1991), we find that the defendant Ricky Smith; an adult at the time of the commission of the offenses in question, was a habitual juvenile offender; possessing a juvenile record which included twelve juvenile entries including seven prior felonies, three misdemeanors, was charged, pleaded guilty, and convicted of breaking and entering with the intent to commit larceny and being a habitual offender. As a result of the admission of guilt by

Price (1988) resulting in the majority concluding that Price presented a better-reasoned approach and further added that the automatic expungement of juvenile convictions “is delusive and purposeless if law enforcement agencies may continue to use supposedly expunged records against a defendant to his prejudice” (People v. Price, 1988). Subsequently following People v. Jones (1988), its approach

evidence against a child in any case in any civil, criminal, or other cause except under a Juveniles and Juvenile Division Chapter of the Probate Code(People v. Smith, 2017). Shortly after in 1978, the Court adopted JCR 13, in which provided automatic expungement juvenile offender records, providing within seven years afterward there is not a felony conviction(People v. Smith, 2017). The Panel of a different court has encountered this situation before, for instance in the People v. Price, 172 Mich App

We all make mistakes or maybe a little naive about how things work in a place I like to call “Life”. Maybe as a teenager, you stayed out too late and once you got home. Your evil parents grounded you for a week. You may have thought it was unfair, but after a week you were free again. Your debt was paid and the punishment was behind you, but is this always the case? When you are arrested for whatever reason, and meet the requirements forced onto you because of said actions, your punishment is not

As more states are legalizing marijuana in some form, the substance is still illegal as a schedule I drug under the CSA. The effects of the prohibition on marijuana have adversely impacted people of color in many different way. Even now with legalization, people of color are being shut out of the economic benefits because of federal laws. In August of 2017, New Jersey Senator Cory Booker proposed legislation to address the prohibition of marijuana and its effects on targeted communities. The purpose

civil, criminal, or other cause except in a case against the child under the Juveniles and Juvenile Division Chapter of the Probate Code. When McFarlin was decided, the court rules did not provide for expungement of records. In 1978, this Court adopted this amended, provided for the automatic expungement of the records of a juvenile offender if, after the seventh year following the discharge of the child from the court's jurisdiction, there has been no subsequent felony conviction. Therefore, the rule

We were all young and stupid at some point in our lives. Juveniles were reckless and didn’t think of the future or of the consequences of their actions. the expungement of juveniles records is very important to an adult that is making a better life for themselves. If Juvenile records are not expunged, it can harm an adult if they end up in court again. The adult will not receive a fair chance at trial since the juvenile records can be considered at the time of sentencing. The criminal justice system