Expunge Criminal Conviction

Like most of the states in US, Georgia laws allow you to expunge your DUI record but with some restrictions. DUI expungement means to erase all the traces of your DUI charge from your criminal record. Seeking an expungement is necessary because your DUI record will follow and affect you for the rest of your life. Especially in a job application, you must reveal your DUI unless you have already expunged your record. Also your employer will find out about your criminal history when performing background check. This article discusses about expunging your DUI record, eligibility requirements, and what to do if you are denied from expungement in Georgia.

Can your DUI be expunged in Georgia?

Under Georgia law you can only expunge your arrest record when your arrest did not lead to conviction. However you must meet the eligibility criteria in order to expunge your DUI arrest record.

Eligibility:

You are eligible:

1. if your case is dismissed and you are not convicted of DUI.

2. if you don’t have any past criminal convictions.

3. if you don’t have other criminal charges pending against you.

4. if certain amount of time has passed since your arrest or dismissal.

Still your request can be denied even if you meet all of the above eligibility requirements. Because expungement is not a right, it’s a privilege.

If you are denied for expungement you can file an appeal with the county superior court.

What to do if you have a DUI conviction record in Georgia and want to expunge?

Under Georgia law you can seek a pardon to have your DUI conviction removed from your criminal record. By obtaining a pardon your rights and privileges are restored.

Eligibility for applying for a pardon in Georgia:

You are eligible:

1. if you have finished serving your sentence and waited for five years before applying for a pardon.

2. if you have not committed any crimes during that five year period.

3. if you don’t have other criminal charges and unpaid fines pending against you.

Applying for a job:

After expungement, you can legally deny your DUI arrest or conviction when applying for a job. In Georgia it is as if the crime has never happened.

Originally published here.

This piece looks at how American criminal convictions can effect the Immigration process.

In the rather recent past, United States Citizenship and Immigration Service (also referred to as USCIS) officers were not particularly concerned with an individual’s criminal history so long as they were an American Citizen petitioning on behalf of a foreign fiancee or spouse. With the passage of legislation such as the Adam Walsh Child Protection Act, the International Marriage Broker Regulation Act (IMBRA), and the Illegal Immigration Reform and Responsibility Act (IIRAIRA) this rather laid back attitude changed. Presently, an individual’s criminal record could have a negative impact upon their ability to act as a Petitioner for an American visa. In many cases, a waiver of some sort is necessary where the Petitioner has been convicted of certain offenses. This may also be the case even where the Petitioner has committed relatively minor offenses, but committed enough offenses so as to require a USCIS waiver.

In any American Immigration case, those with a criminal record are usually well advised to seek legal counsel from a licensed US Immigration attorney as one’s criminal record could have a detrimental impact upon one’s ability to petition for immigration benefits. The right to legal advice regarding immigration matters for criminal defendants was recently enshrined in the Supreme Court’s decision in the case of Padilla v. Kentucky. The Court in that case found that an alien defendant in the USA has a right to counsel regarding the immigration ramifications of criminal pleadings. Even though this decision preserves the right to counsel for defendants in criminal proceedings whose plea could affect their legal status in the USA, it also vividly demonstrates how important it is to receive competent legal advice before making any decision that could have any impact upon later immigration proceedings.

US Immigration law can be perplexing for some, in the recent past it was viewed by the public as more clear-cut. After 09/11/2001 the American government reorganized the agencies traditionally involved in the US Immigration process. The result was the Department of Homeland Security (DHS) which has jurisdiction over most of the agencies tasked with processing visas to America. That being said, the State Department also remains a significant agency in the visa process. Since the creation of new laws curbing immigrants’ and petitioners’ rights it would seem that more people are turning to American lawyers for assistance because an experienced American Immigration attorney is often able to provide insight about strategies to streamline the overall immigration process.

Originally published here.

Life does turn out to be heavy and hard for those who’ve got criminal records. And it’s all very easy to happen… even a religious sober guy can accidentally get convicted for past criminal offences. As for an instance, he might face lots of difficulties in getting employed because employers are unwilling to hire individuals with any kind of criminal records.

But there’s still hope. There’re some legal options you can use to expunge your records. Nevertheless, you will need some support from criminal attorneys regarding this. The procedure will tend to vary largely among states, though. So it’s extremely important that you know the whole process and hire the right professional lawyer who knows these things thoroughly.

Leading a Cleaner Life Following the Conviction

To qualify for an expungement, you need to lead a cleaner life following the conviction. Expungement is for dismissing your case and it involves setting aside some sort of no contest and guilty plea. When the expungement is done in the right way by thoroughly following the underlying process, your record will appear as if nothing ever happened.

Once this happens, you can answer “none” when asked whether you were ever convicted or have any criminal records. That’s because even thorough background checks can’t find any marks on your past records since the legal expunging was successful. Thus, the significance of services offered by the criminal attorneys is not to be underestimated.

Which are the Cases that Can’t be Expunged?

Generally, a case resulting in conviction can’t be expunged. But exceptions are the cases where the case belongs to narrow probation group or any similar kind of provision in your state.

There’re social as well as political movements in several US states to make law for expunging felony convictions which are under special circumstances like the committer’s age being less than 18. That’s because crime convictions on people’s record could have utterly devastating effects onto their attempts to get quality housing or employment.

Who Can You Contact for Further More Information?

You might like to discuss more on this with a criminal lawyer. The best bet for you will be to locate an attorney who’s got years of experience on criminal defense or expungement work. They’ll be knowledgeable enough regarding the underlying laws which are applicable in your jurisdiction. They have the aptitude to direct you towards the perfect direction for clearing up your criminal records.

Originally published here.