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Criminal Record Questions

A criminal record is a record of a person's criminal history, usually sought after by potential employers or lenders to determine a person's character. Criminal records will vary from state to state and countries tend to have different limitations as to what can be listed within a criminal record. While many countries allow only criminal convictions to be listed in criminal records, others allow every infraction made by the individual. This could include speeding tickets, DUI's, and petit larceny. Some countries even list charges that have been dismissed or those that are pending. Take a look below at a few of the more commonly asked questions about criminal records.

My son has a criminal record for armed robbery after the fact. He picked someone up that had just robbed a store. His car was not on the lot during the robbery, he just gave the man a ride. His attorney told him to plead guilty and he received three years probation. Now my son cannot get a job. What can be done?

Generally, minor offenses and non-convictions are qualified for expungement, and only when the charges have been dropped. People who have been convicted of major felonies are usually not qualified to have their records expunged. However, you could apply for a pardon, which is basically forgiveness by the state. Your criminal record would still stand as far as back ground checks but a pardon may assist you in gaining employment. A pardon tends to let a potential employer that the person has changed their ways and is trying to better themselves. You should be aware however; most pardons go un- granted.

Another option to consider is if you entered a guilty plea without realizing the complications of the charges when you pled, or was without the assistance of an attorney, you may be able to vacate the plea and conviction. This may help you turn the criminal record around. An attorney can assist you in doing this.

You should check your state laws and see if there is protection for people that have been convicted of a crime. Many states have certain forms of protection for these people that prevent employers from discriminating against a person based on their criminal record. Not all states have this protection so you need to look into your states laws.

Does an informants criminal record affect their credibility in a case?

When making an arrest, the police need nothing more than probable cause. This is the reasonable belief that a crime has possibly been committed and that the person in question may be the one who committed the crime. As far as an arrest is concerned, the police generally don't care about the person reporting the possible crime, having a criminal record. If there is enough reasonable proof, the police will look into the informants claim.

However, in the event that an informant/witness who has a criminal record takes the stand, the informant's credibility may be questioned by the defense. The defense lawyer would attempt to disqualify the reliability of the informant based on his/her criminal record. This puts the prosecutor to task by making a strong case against the defendant in order to prove their guilt without solely relying on the informant's testimony. And in all cases, the judge will tell the jury to use the testimony of the informant when determining the credibility of the prosecutor's witnesses. The answer to the question would be yes in most situations.

Can a person with a criminal record travel to France or Italy with only a passport or do they require addition documentation to enter the country even if it is only for a visit of less than 90 days.

European countries don't deny entry to people with a criminal record for the purpose of tourism. England, France, and Italy allow tourist with past criminal records. You can contact the customs agencies to determine which countries allow such travel. As long as there isn't a probation keeping you from traveling or as long as you have permission to leave the country while on probation, you should be fine.

How do I get a criminal record sealed in North Carolina, and when a record is sealed, what does that mean, in relation to background checks, etc?

Technically, you cannot have a criminal record sealed in NC, but you can have one expunged if you qualify. In order to have a criminal record expunged, you will need to petition the court. In order to do this, you will need to hire a criminal defense lawyer who is familiar with post-conviction issues. If you manage to have your criminal record expunged, when filling out employment applications, you can answer no to questions regarding convictions. However, if an employer is basing your employment off of your ability to pass an FBI back ground check, you will need to divulge any past criminal convictions. The reason for this is because no records are sealed from an FBI back ground check.

Criminal records are a list of offenses complied in a file of individuals who have committed criminal acts. If you have questions regarding criminal records, don't hesitate to contact an Expert.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 2429
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Criminal Law Question Here...
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4 Criminal Lawyers are Online Now

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Criminal Lawyers are online & ready to help you now

Fran L.
JustAnswer Criminal Law Mentor
Satisfied Customers: 8061
18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
Ely
Counselor at Law
Satisfied Customers: 2079
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Nate
Lawyer
Satisfied Customers: 1625
Over 10 years of criminal defense practice.

Recent Criminal Record Questions

  • Our 18 year old son is a freshman in a Florida State college.

    Our 18 year old son is a freshman in a Florida State college. He has no criminal record. Last week, he did something illegal and stupid on a dare. I do not want to couch it in any other way than those words - illegal and stupid. He dug up and stole a stop sign. The incident was caught on video tape. He was called into the office of the campus police where the investigating city police officer was also there. He was charged with Petit Theft and later given a court date of January 13. He is frightened and we are frightened for him. Here are my questions:
    1. Should he have a lawyer?
    2. If so, how much should we expect to pay and for what services are we paying? This is a very important question, as we do not have a lot of money.
    3. How should he plead? There is no doubt that he stole the stop sign.
    4. What does a charge like this do on one's record for future employment or credit?
    5. If it is determined that he needs a lawyer, how do go about finding someone competent in these kinds of matters and fair with regard to cost?
  • I am wondering if I can fight a charge one my record. I was

    I am wondering if I can fight a charge one my record. I was convicted of Possession of cocaine with intent to deliver" at the time I was broke and was given court appointed lawyer who didn't try to fight my charge down to only possession. I was in front of my house and had less then 4 grams on me and it was all in one bag. I feel that the system took advantage of my situation at the time bc they knew I didn't have money to fight the case and I was sentenced to prision. Now that I am financially stable I want to try to fight this bc it's affecting my job. I can't get into certain plants because of this and they had no evidence to prove what I had wasn't for personal use. I'm a farther of 3 and married for 9yrs. I have completely turned my life around and I have tried to put this behind me but this is continuing to haunt my life when I know I was wrongfully accused
    I'm not sure if anything can be done but im just trying to figure out my options
    ***-***-****
  • I have no criminal record but I used someone elses credit card and am receiving charges so

    I have no criminal record but I used someone elses credit card and am receiving charges soon of two counts credit card fraud and two counts credit card theft, since i took their card numbers. How do I proceed, do I need representation before turning myself in? I spoke to a detective and we agreed to do this in about two weeks. And what should I expect as a sentence?
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