Expungement In The United States
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Expungement In The United States
Expungement in the United States is a process which varies across jurisdictions. Many states allow for criminal records to be sealed or expunged, although laws vary by state. Some states do not permit expungement, or allow expungement under very limited circumstances. In general, once sealed or expunged, all records of an arrest and of any subsequent court proceedings are removed from the public record, and the individual may legally deny or fail to acknowledge ever having been arrested for or charged with any crime which has been expunged. Federal Federal offenses are difficult to obtain expungement and vary based upon the federal circuit. Some federal circuits have upheld the inherent right of judges to order expungement while others have held the opposite. Most persons who have been convicted of federal offenses and who want relief from the consequences of the conviction are limited to seeking a pardon, but pardons are rarely granted. Legislation A number of bills have been intr ...
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Expungement
In the common law legal system, an expungement proceeding is a type of lawsuit in which a first time offender of a prior criminal conviction 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 event; rather, it constitut ...
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Nolle Prosequi
, abbreviated or , is legal Latin meaning "to be unwilling to pursue".Nolle prosequi
. reference.com. Accessed 2012-03-02.
Nolle prosequi
. Lewis & Short. Accessed 2017-02-17.
In , it is used for s' declarations that they are voluntarily ending a criminal case before
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Discharge (sentence)
A discharge is a type of sentence imposed by a court whereby no punishment is imposed. An absolute discharge is an unconditional discharge whereby the court finds that a crime has technically been committed but that any punishment of the defendant would be inappropriate and the case is closed. In some jurisdictions, an absolute discharge means there is no conviction on the defendant's record, despite the plea of the defendant. A conditional discharge is an order made by a criminal court whereby an offender will not be sentenced for an offence unless a further offence is committed within a stated period. Once the stated period has elapsed and no further offence is committed then the conviction may be removed from the defendant's record. Australia In Australia, offenders can be discharged without being convicted, with or without being placed on a good behaviour bond (or other conditions). The sentencing options vary from state to state. Note that defendants can be discharged wit ...
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Pretrial Intervention Program
The Pretrial Intervention Program (PTI) is a program targeted at providing first-time offenders charged with non-violent crimes with an opportunity to avoid the crippling consequences often associated with a felony criminal conviction, and attempts to relieve some of the burden on the criminal justice system caused by such offenders. The program renders early rehabilitative services and aims to deter future criminal behavior. Many states have similar programs employed under a variety of names. Program In New Jersey, the program allows eligible first-time offenders who have (typically) been charged with certain third- or fourth-degree crimes to seek admission into the program. If granted, defendants are placed under court supervision for a period lasting between one and three years. During this probationary period, the participant may be subject to random urine monitoring, fines, and other penalties depending on the nature of the alleged criminal action. Successful completion of the ...
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New Jersey
New Jersey is a U.S. state, state in the Mid-Atlantic States, Mid-Atlantic and Northeastern United States, Northeastern regions of the United States. It is bordered on the north and east by the state of New York (state), New York; on the east, southeast, and south by the Atlantic Ocean; on the west by the Delaware River and Pennsylvania; and on the southwest by Delaware Bay and the state of Delaware. At , New Jersey is the List of U.S. states and territories by area, fifth-smallest state in land area; but with close to 9.3 million residents, it ranks List of U.S. states and territories by population, 11th in population and List of U.S. states and territories by population density, first in population density. The state capital is Trenton, New Jersey, Trenton, and the most populous city is Newark, New Jersey, Newark. With the exception of Warren County, New Jersey, Warren County, all of the state's 21 counties lie within the combined statistical areas of New York City or Delaw ...
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New Hampshire
New Hampshire is a state in the New England region of the northeastern United States. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec to the north. Of the 50 U.S. states, New Hampshire is the fifth smallest by area and the tenth least populous, with slightly more than 1.3 million residents. Concord is the state capital, while Manchester is the largest city. New Hampshire's motto, " Live Free or Die", reflects its role in the American Revolutionary War; its nickname, "The Granite State", refers to its extensive granite formations and quarries. It is well known nationwide for holding the first primary (after the Iowa caucus) in the U.S. presidential election cycle, and for its resulting influence on American electoral politics, leading the adage "As New Hampshire goes, so goes the nation". New Hampshire was inhabited for thousands of years by Algonquian-speaking peoples s ...
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Missouri General Assembly
The Missouri General Assembly is the state legislature of the U.S. state of Missouri Missouri is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Ranking List of U.S. states and territories by area, 21st in land area, it is bordered by eight states (tied for the most with Tennessee .... The bicameral General Assembly is composed of a 34-member Senate and a 163-member House of Representatives. Members of both houses of the General Assembly are subject to term limits. Senators are limited to two four-year terms and representatives to four two-year terms, a total of 8 years for members of both houses. The General Assembly meets at the Missouri State Capitol in Jefferson City. Qualifications Members of the House of Representatives must be 24 years of age to be elected. Representatives also must be a qualified Missouri voter for two years, and a resident of the county or district of their constituency for one year. Senators mu ...
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Alcoholic Beverage
An alcoholic beverage (also called an alcoholic drink, adult beverage, or a drink) is a drink that contains ethanol, a type of alcohol that acts as a drug and is produced by fermentation of grains, fruits, or other sources of sugar. The consumption of alcoholic drinks, often referred to as "drinking", plays an important social role in many cultures. Most countries have laws regulating the production, sale, and consumption of alcoholic beverages. Regulations may require the labeling of the percentage alcohol content (as ABV or proof) and the use of a warning label. Some countries ban such activities entirely, but alcoholic drinks are legal in most parts of the world. The global alcoholic drink industry exceeded $1 trillion in 2018. Alcohol is a depressant, which in low doses causes euphoria, reduces anxiety, and increases sociability. In higher doses, it causes drunkenness, stupor, unconsciousness, or death. Long-term use can lead to an alcohol use disorder, an in ...
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Minor In Possession
In the United States, a Minor in Possession or a MIP (also referred to as a Possession of Alcohol Under the Legal Age or PAULA), is any person under the legal drinking age of 21 who possesses or consumes alcohol. Underage consumption is illegal, typically a misdemeanor. In California, depending on the county in which the person is charged, the crime may also be charged as an infraction. Anyone under the age of 21 who possesses alcohol in the United States with the exception of special circumstances is violating the law of the state. Punishments Punishments for minors in possession vary by state. Since alcohol enforcement and the establishment of drinking ages is the responsibility of the individual states, only local and state agencies can legally write a minors in possession citation. As such, each state levies its own fines and punishments for a minors in possession. In some states, a simple first-time minors in possession without any other circumstances (such as driving or ...
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Missouri
Missouri is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Ranking List of U.S. states and territories by area, 21st in land area, it is bordered by eight states (tied for the most with Tennessee): Iowa to the north, Illinois, Kentucky and Tennessee to the east, Arkansas to the south and Oklahoma, Kansas and Nebraska to the west. In the south are the Ozarks, a forested highland, providing timber, minerals, and recreation. The Missouri River, after which the state is named, flows through the center into the Mississippi River, which makes up the eastern border. With more than six million residents, it is the List of U.S. states and territories by population, 19th-most populous state of the country. The largest urban areas are St. Louis, Kansas City, Missouri, Kansas City, Springfield, Missouri, Springfield and Columbia, Missouri, Columbia; the Capital city, capital is Jefferson City, Missouri, Jefferson City. Humans have inhabited w ...
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Kentucky
Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virginia to the east; Tennessee to the south; and Missouri to the west. Its northern border is defined by the Ohio River. Its capital is Frankfort, Kentucky, Frankfort, and its two largest cities are Louisville, Kentucky, Louisville and Lexington, Kentucky, Lexington. Its population was approximately 4.5 million in 2020. Kentucky was admitted into the Union as the 15th state on June 1, 1792, Kentucky County, Virginia, splitting from Virginia in the process. It is known as the "Bluegrass State", a nickname based on Kentucky bluegrass, a species of green grass found in many of its pastures, which has supported the thoroughbred horse industry in the center of the state. Historically, it was known for excellent farming conditions for this reason and ...
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Indiana
Indiana () is a U.S. state in the Midwestern United States. It is the 38th-largest by area and the 17th-most populous of the 50 States. Its capital and largest city is Indianapolis. Indiana was admitted to the United States as the 19th state on December 11, 1816. It is bordered by Lake Michigan to the northwest, Michigan to the north, Ohio to the east, the Ohio River and Kentucky to the south and southeast, and the Wabash River and Illinois to the west. Various Indigenous peoples of the Americas, indigenous peoples inhabited what would become Indiana for thousands of years, some of whom the U.S. government expelled between 1800 and 1836. Indiana received its name because the state was largely possessed by native tribes even after it was granted statehood. Since then, settlement patterns in Indiana have reflected regional cultural segmentation present in the Eastern United States; the state's northernmost tier was settled primarily by people from New England and New York ...
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