How to Get Your Record Expunged

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People make mistakes. Having a permanent record can deter you from obtaining employment, moving into certain homes, or more. Expunging your record means to erase or remove that record permanently. This would mean that you never have to reveal that that record ever existed. Different states are going to have different rules regarding having charges expunged.

Expunging your record is not difficult if you are eligible, and if you know the proper steps. In an effort to contact your state to determine if a charge can be expunged, some research is necessary. All of the details for the record are needed to attempt to have it removed. You must know the date of arrest, case number, arresting agency, fill out, print, and mail to the expunging authority. charges, disposition, and ending date of case. Most of this information can be found on a background check if it is not readily available. Contact the state to determine what forms you will need to submit with them. Often, forms are available online to

Consider other options such as sealing or pardoning. If expunging is not a viable option, maybe consider sealing the charges. Expunging a record is different than sealing a record, as sealing means related documentation may just be sealed from the public eye. This does not erase the record completely, nor any of the sealed details. It simply means not everyone can publicly view the sealed details. Forms are typically available on the states’ websites, though petitioning the court directly is also an option. Some states allow pardons for certain crimes. However, this is very rare. Some states have applications for pardons online. Similar to pardons, some states also have applications for certificates of innocence or rehabilitation. Although pardons and expunges attempt to serve the same purpose, expunges are less difficult to obtain.

An expungement is typically only available for certain individuals. Those with a single drug offense can typically qualify. Sentencing may require completion of rehabilitation prior to having the record expunged. First time offenders with no offenses after a year are strong candidates. Expungement is also considered for juveniles or first-time offenders, or those not being charged with felonies.

It is helpful to have a great defense attorney assist with working out expungement within the initial agreements. Once sentences are met, it could be offered at that time. Hiring a good attorney could help you to know and understand this process completely. That attorney could help you to petition the necessary court according to that jurisdiction.

When considering a future with a record, consider not having that record. People make mistakes. Not every mistake has to label a person for his or her entire future. Expungement is a viable option to have a record completely disappear. Having a knowledgeable attorney who knows the process may help to clear a path to a more successful life. Be sure to research your options and gather all of the necessary information. Expunging a record is not impossible, and could clean up a past.

Crazy Texan Laws You Never Imagined Existed

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We Texans are a particular breed of people. There really is no one in the world quite like us. For us, meat, guns and football are sacred. We do often times also get carried away though. The following list is a set of laws that although a little far fetched, show what it means to live in Texas. If you’re Texan you know what I mean.

1. You can’t shoot a buffalo from the second story of a hotel.

This law raises many questions. Could you hypothetically go to the third floor and shoot a buffalo? Of course, as crazy as this law sounds, there is a reason for it. In case you haven’t noticed there aren’t many buffaloes around so probably the reason behind this law is to protect these emblematic creatures that once roamed this great land freely. Either way, it does seem odd anyone would want to shoot a buffalo from anywhere much less a second floor hotel room.

2. It is illegal for kids to have unusual haircuts

This law will be welcomed by a lot of youngsters who hate that their parents meddle with their precious hair. It may seem strange and subjective. After all, what exactly counts as a bad haircut? Nonetheless, this law may actually help prevent a lot of bullying.

3. Don’t milk another man’s cow

This law expressly states that “whoever without consent of the owner shall take up, use or milk any cow, not his own, shall be fined not exceeding ten dollars.” Aside from the
the obvious affront to your fellow man, it helps protect his dairy products. It seems that this law has been removed but it’s always good manners not to do it.

4. The Train Law

This law simply states that in Texas, when two trains meet each other at a railroad crossing, each one must come to a full stop, and neither one shall proceed until the other has gone. Although this law may seem nonsensical, there is a rational explanation for it. It seems that a senator was more than adamant about not wanting a law to be passed. His strategy was to attach this ridiculous law to keep the other law from passing. Things sort of backfired because either no one saw the train law attached or they simply chose to ignore it. Whether this is true or not it would partly explain why we have so many crazy laws.

5. Anticrime Law

An anticrime law in Texas requires criminals to give their victims 24 hours notice, orally or in writing, and to explain the nature of the crime to be committed. It is not clear why this law was enacted but considering Texan’s passion for guns we can only guess the criminal would not be met with open arms when trying to commit the crime. As the old adage says, crime does not pay.

Some of these laws may seem quirky and in some cases right down ridiculous but behind them lies the essence of Texas as a quiet and simple republic with good, simple and hard-working people.

What You Need To Understand About Bail Bond Forfeiture

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Bail bonds are agreements that allow a defendant to wait outside of jail for upcoming court hearings on the condition a certain amount of money is paid to officials. That money is returned later if all court dates are made by the defendant. If something goes wrong, then a forfeiture might occur. You should understand the details of bail bond forfeiture.

What Forfeiture Is

Bail bond forfeiture occurs when a person who was released on bail does not show up for a scheduled court appearance. The court will inform the defendant and people who paid the bail about the impending forfeiture. A period of a few days to a month will pass depending on the jurisdiction. If the defendant does not report to the court in this time, then the forfeiture will go through. This means any money put up for the bond will be taken by the court and not usually returned. If a bail bond agency acted as surety and charged just a percentage, then the full amount will be due to the agency upon forfeiture. This can sometimes lead to seizing the assets of the client or lawsuits.

Preventing Forfeiture

Preventing forfeiture relies on ensuring that the defendant goes to every scheduled court date until the trial is over and the money is returned. If you are the defendant, then simply showing up on time for all court appearances will prevent any forfeiture. If you are not the defendant, then there are a few options:

  • Constant Supervision or Monitoring

    • The first option is to provide constant supervision of the defendant. This usually means keeping the person in or near the home as much as possible if there is any risk of flight. Alternately, you can sometimes request electronic monitoring from local police although there is a daily charge for that service. If you paid for the bond and think the defendant will flee, then you can contact law enforcement and have the person placed back in jail.

  • Provide a Valid Excuse for Non-Appearance

    • If the defendant does not show up and forfeiture notices are issued, then you have a chance to present an excuse to the judge for the non-appearance. Only a few excuses will make much of a difference. The defendant needs to be incapacitated in some way, confined for a valid reason or seriously ill with proof. The location of the defendant needs to be known to stop forfeiture.

  • Find the Defendant

    • If the defendant actually skipped bail, then preventing forfeiture will involve finding that person. Some states allow for skip tracers or bounty hunters to do this while others do not. You could have a few days or weeks to find the defendant before the forfeiture is finalized. Returning the defendant to court or law enforcement will solve the problem.

What to Do After a Forfeiture

Not much that can be done after a forfeiture is finalized by the courts. If you are working through a bail bond agency, you might be able to request a payment plan. Some courts will also institute a payment plan if you did not have to pay the full amount upfront. A legal option is to get a lawyer and file for a remission of forfeiture. You do this in the same court where the forfeiture was ordered. Remission of forfeiture allows you to present your case for why the money from the bond should be return in full or in part. You can potentially get all your money back. The only other thing to do is continue looking for the defendant in the hopes the court will vacate the forfeiture if the individual is returned quickly.

Inmate Rights and Privileges

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The Supreme Court upheld in 1974’s Wolff v. McDonnel that the Constitutional rights of inmates are severely restricted. However, not all Constitutional rights are surrendered, and the law also provides inmates with rights concerning their health and welfare while incarcerated.

In addition to the rights they are afforded, prisoners may be granted certain privileges based on behavior, criminal history, and other factors. An important distinction exists between rights and privileges: rights are guaranteed by law while privileges can be granted to individual inmates as long as discipline and security are maintained. Privileges can be revoked by prison or jail staff, but rights cannot be.

Prisoner Rights

Discipline and security are principle concerns in jails and prisons in the United States. As such, some rights granted to free citizens are limited or denied to prisoners. Freedom of speech is usually limited, as are the rights to counsel and to not accuse oneself when infractions and crimes committed in the prison or jail are being investigated.

However, other rights are still guaranteed. As long as there are no security concerns, inmates are free to practice their religion. Prisoners maintain their right to bail and equal protection.

Rights granted to prisoners also include rights that are specific to incarceration. They are guaranteed separation based on age, sex, and criminal classification. Clothing must be provided for felons. Prisons and jails must make a reasonable effort to protect inmates from violence and provide them access to a legal education. Some form of recreation must be provided, and prisoners must have access to necessary and reasonable medical attention.

Prisoner Privileges

Rights are guaranteed to all prisoners, but access to many prison privileges is based on behavior. Inmates with a history of infractions may be confined to their cells for longer periods of time during the day, or they may be forced to wear prison uniforms while other inmates can wear their own clothes.

Other common privileges include access to entertainment, work, and money.

Many prisons have televisions in common areas, but some inmates may have one in their cells to pass the time. Depending on the status of their imprisonment, they may also be allowed to work.

Generally, prisoners cannot choose their assignments or refuse an assignment, and the wages they earn for work are well below the minimum wage. Most work occurs in the prison or jail, though some inmates may be granted work release, which allows them to do work such as trash collection outside the facility.

Another common privilege is access to personal money that can be used to purchase items from prison commissaries such as cigarettes. Markups on commissary items are usually significant, and this privilege is often one of the first to be revoked for behavior infractions.

Not all prisoners may be granted the same privileges, or they may be granted a limited privilege. Behavior is often the deciding factor in which prisoners have which privileges, and criminal history and prison security concerns can be factors as well. Unlike privileges, all prisoners are guaranteed the same rights for the term of their incarceration.

Decriminalizing Truancy

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In the state of Texas, current truancy laws address habitual absenteeism by demanding court appearances, levying fines, and even arresting students over the age of 17 who can’t pay. While harsh, and virtually unavoidable for students with ten or more unexcused absence, these policies have had no effect on truancy rates and appear to unfairly target minorities and the poor. Dealing with truancy through standardized punitive measures makes it impossible for judges and school officials to address the actual issues behind truancy and work with students and families to get kids back in school. Instead, it labels kids as delinquents and punishes them by placing economic strains on them and their families.

Current Truancy Laws in Texas

Truancy laws in Texas operate around three rules. Compulsory school attendance requires children between the ages of 6 and 18 to attend school. Failure to attend is defined as ten or more unexcused absences within a six month period, or three consecutive days within a four week period. Parents are charged as criminally negligent if their kids don’t meet these requirements after a warning letter is issued. If punitive measures are taken, in addition to a 500 dollar fine, both parents and the student in question may be compelled to participate in a variety of programs and classes, and complete community service requirements. If Texas’ attendance requirements aren’t met, school districts are compelled to refer students and parents to court. Teachers and faculty are often unable to make an effort to resolve truancy problems informally.

Decriminalization Debate

In virtually every subject of criminological debate, the certainty of punishment does not effectively deter individuals of any age from breaking society’s laws, especially developing teenagers. Because of the immediacy of formal court involvement and the standardized punishments and negative stigma that comes with it, a large number of truants are charged without any of their specific problems being addressed. While it is generally agreed upon that some action must be taken, supporters of decriminalization argue that less formal measures will benefit students and families more. Students who are truant because they need jobs to support their families are treated the same way that students who join gangs or use drugs are. In a system in which no socioeconomic factors are considered, everyone is a criminal by default and treated inappropriately. Statistics show that the current system disproportionately affects hispanics and blacks as a result.

Possible Decriminalization Effects

Decriminalization bills have the support of Texas lawmakers, including Texas Supreme Court Chief Justice Nathan Hecht. Advocacy groups believe that treating truancy as a sociological problem rather than a criminal offense argue that a less uniform process will allow for better understanding for disadvantaged youths and give the system a chance to actually resolve issues keeping them out of school. Rather than punish families that are unable to fully support their children and monitor their activities, new policies could install counseling and support systems that address those student’s needs. Decriminalization advocates believe that better individual oversight will reduce recidivism rates and lower the number of truancy cases every year.

Incarceration And Alternative Sentencing

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The response to crime in the United States for many years has been to put all criminal offenders behind bars. This has proven to be an expensive approach with mixed results. There are more people in American prisons than in any other industrialized nation. It is estimated that one out of every hundred Americans is currently in prison. According to a study done by the National Institute of Justice (NIJ), the number of prisoners has started to go down. Even with this trend, the desire to find ways to decrease the prison population in the United States continues.

Recidivism

The goal of incarceration is for a person to not return to prison. Recidivism rates or the number of convicted offenders returning to prison is high. It has been estimated that over 75 percent of individuals released from prison are rearrested. Approximately 50 percent are rearrested within one year after leaving the prison system. This includes over 70 percent of violent offenders. A number of programs have been attempted to decrease these numbers. An approach called risk-need-responsivity (RNR) has shown some promise. This is a tool designed to accurately assess an individual and get them in the correct program. There is a focus on learning social skills. This could involve everything from anger management to correcting antisocial attitudes. A study conducted by The Justice Center for Research (JCR), located at Pennsylvania State University examined recidivism programs and their results. The study showed alternate incarceration programs provide success. It also showed that the desire to change remains with an individual and their choice to transform themselves.

Incarceration Alternatives

The overcrowding of prisons is making states consider ways to avoid the incarceration of criminal offenders. This is often referred to as alternative sentencing. Community service is common for minor offenses. A person who is sentenced could be required to work at a number of different organizations in the jurisdiction where they were convicted. This work could involve everything from doing public clean up work to helping in shelters and more. Home detention is another alternative to a person being incarcerated. The person convicted of a crime is monitored with an electronic device they will be required to wear. They can still go to work, church and more. With private jail, the convicts are able to serve their sentence at a jail on weekends. They check in on Friday and are released on Sunday.

Qualifying

Not every individual convicted of a crime is eligible for alternative sentencing. Eligibility will vary depending on the conviction and jurisdiction. In some cases, committing a crime with a mandatory sentence disqualifies a person. There may be issues of drug abuse or serious mental illness. A low score on an assessment test can also disqualify a person. An experienced attorney will know when their client has a good chance at receiving alternate sentencing.

Effectiveness of Alternate Sentencing

Studies have shown that home detention with an electronic device has led to a decrease in recidivism. It is used on individuals who are non-violent offenders and who have not committed a serious crime. Some argue this is not a deterrent but a result of it being used with low-risk individuals. Others argue not exposing such an individual to the prison system also influences its success. Alternate sentencing is a cost effective method of punishment. The prison system will not have to provide clothing, housing or food for an offender. This means the total spending for each person convicted of a crime decreases dramatically.

Inmate Rights

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There have been laws put in place to ensure that all Americans are treated fairly, and that includes prisoners. Unfortunately, many prisoners do not know that they have rights. Below are some of the rights that inmates are entitled to:

The Right To Receive Adequate Medical And Dental Care

Prison officials are required to ensure that all inmates receive medical and dental care, and this includes inmates who suffer from a mental health condition. Prison medical personnel are required to treat both acute and chronic illnesses. The care provided must be adequate. However, the medical or dental care a person receives in a prison may not be as good as the type one would receive in a facility outside of the prison.

It is estimated that four percent of the women in prison are pregnant. Regardless of whether these women choose to get an abortion or continue with the pregnancy, they are entitled to adequate medical care. Furthermore, prisons are required to make the necessary accommodations for disabled inmates.

Inmates Have The Right To Complain About Prison Conditions Or The Way They Are Being Treated

Many inmates are subjected to cruel and inhumane punishment, and they do not think they can do anything about it. However, inmates have the right to complain about the way they are treated by prison officials. They also have the right to complain about their living conditions to other prison officials or in court.

In Iowa, an inmate was awarded $7,000 in damages. He had been placed in solitary segregation for one year. After that, he was transferred to another facility where he stated that his life was put in danger because he complained about the conditions and had filed a lawsuit.

The Eight Amendment Of The Constitution is what gives prisoners the right to be protected against unfit living conditions and inhumane punishment. Prison officials are required to discipline inmates if the need arises. However, any punishment that violates a person’s dignity can be considered inhumane.

In 1995, a judge in Massachusetts found that prisoners were treated inhumanely. They were held in a prison that was infested with pests and did not have enough bathrooms.

The Right To Free Of All Forms Of Sexual Crimes

People who are in prison have the right to be free of all types of sexual crimes. This includes things such as molestation, rape and sexual harassment. Neither prison officials nor other inmates are allowed to sexually violate an inmate in any way.

The Basic Rights Of The First Amendment

The basic first amendment rights, such as free religion and speech, still apply to Inmates. They are allowed to exercise their first amendment rights as long as they do not interfere with their inmate status. For example, prison officials can open any mail that an inmate receives in order to ensure that it does not have any weapons or other prohibited. However, just because they find the correspondence, rude does not mean they have the right to censor it.

Own Recognizance and Release on Citation

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What is Own Recognizance?

If a criminal defendant is released on own recognizance, then he or she is released from custody without having to post bail. This can be referred to as O.R., and is usually granted in minor crimes such as traffic violations. It is common for a criminal defendant to request release on own recognizance during his or her first court date. If a defendant is released on own recognize, then he or she is required to sign a document that guarantees they will be present for their next court date. When a criminal defendant is released on own recognizance, then the court depends on the honesty of the defendant to appear on his or her court date.

When is Own Recognizance Issued?

There are many factors that determine when O.R. is given to a defendant. A court agency or law enforcement agency administers own recognizance programs. The past criminal history of the defendant is taken into account when a defendant requests O.R. The type of crime that the defendant is charged with is also considered, and the likelihood that the defendant will break the law during his or her trial.

Before own recognizance is given to a defendant, a criminal background investigation must be performed by a county or law enforcement agency. These agencies can also interview the defendant to determine if he or she will appear in court. If the defendant’s background check is cleared, then a recommendation is given to the judge to grant the defendant own recognizance. Own recognizance is usually only given to defendants who are first-time offenders and have not committed violent crimes. A judge will also consider a defendants financial obligations, work responsibilities, and if they make any contributions to the community.

What is Release on Citation?

Release on citation, also known as cite out or citation release, occurs when an arresting police officer issues a citation to a criminal suspect that requires him or her to appear at a mandatory court date. This is a pretrial release, and is usually issued immediately after the arrest. If a criminal defendant does not make his or her mandatory court date, then a bench warrant is placed against the defendant. Release on citation allows the defendant to continue with daily responsibilities until the trial. Release on citation is similar to release on own recognizance because the court relies on the integrity of the defendant to make his or her court date.

When is Release on Citation Issued?

The arresting officer will issue a release on citation immediately after the arrest. If a citation release is issued, then the defendant might not be placed in custody by the arresting officer, which will result in limited to no confinement for the defendant. There have been problems with release on citation. Incorrect booking procedures can lead to officers giving a defendant a release on citation when the defendant has outstanding warrants. Release on citation protects the rights of the defendant by enforcing that everyone is innocent until proven guilty.

Most Common Reasons You Get Pulled Over

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Despite your best intentions, it can be easy to be pulled over by a cop and receive a ticket that may increase the cost of your insurance. Additionally, being pulled over can prevent you from reaching your destination in a timely manner. To prevent the financial and emotional hassles associated with getting pulled over, you should avoid the five following common driving mistakes.

Ignoring the Speed Limit

Police issue tickets to those driving too fast because their reaction time is severely decreased, and they pull over slow drivers under suspicion that alcohol or drugs are involved. You should be aware of the posted speed limit at all times to avoid being pulled over for this violation. Officers may allow you an extra five to ten miles above the speed limit before pulling you over, but this is up to their discretion.

Choosing Not to Wear a Seat belt

Though the fines vary depending on your location, being pulled over for a seat belt violation can easily result in a ticket that will cost you over $100. This is one of the easiest mistakes to avoid when it comes to getting pulled over by the police, because it only takes a few seconds to fasten your seat belt before you begin your trip.

Following Other Vehicles Too Closely

If you are tailgating another car, you run the risk of reducing the time you have to react if they need to suddenly stop. The general rule is that drivers should allow one car length between them and the car in front of them for every 10 mph that they are driving.To avoid getting pulled over for following a vehicle too closely, pass ones that are going to slowly for you to comfortably follow behind. If you cannot pass them, remind yourself that getting pulled over by a cop will delay your trip more than having to slow down to follow them.

Using Vehicle Equipment Improperly

Since a broken headlight can be expensive to replace, you might be tempted to drive without one. Alternately, you might decide not to use your turn signal or fail to turn your headlights on at all. In both of these instances, you are making it more difficult for the other drivers on the road to know where you are going. To avoid getting pulled over, always use your turn signal when you are getting ready to make a turn, and turn your headlights on 30 minutes before sunrise and sunset. Certain weather conditions, such as rain, snow and fog, also require the use of headlights in order to make your vehicle visible to the other drivers.

Engaging in Reckless Driving

The category of reckless driving includes multiple behaviors that police offers can judge to be putting yourself and other drivers at risk, including include improper lane changes, failing to stop at a stop sign or traffic light, shaving while driving, committing a u-turn, or texting while driving. Avoiding getting pulled over for committing these mistakes is easy if you remember that your attention should always be focused on the act of driving. You might be in a hurry, but your reckless driving will only catch the attention of a police officer, who will delay your trip further by pulling you over.

All About Field Sobriety Tests

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One of the last things that drivers want to see while driving is a police car behind them with its lights flashing. However, it is a fact of life that happens every day. So long as police officers have probable cause to believe drivers are drinking and driving, they can pull them over and make them perform various field sobriety tests.

What Are Field Sobriety Tests?

The best way to define field sobriety tests is to explain their purpose. Basically, the purpose of these tests is to measure a person’s specific reflexes and/or responses that can become compromised after drinking alcohol. For example, when people drink excessively, their coordination and ability to follow directions are often adversely affected. Some tests can also measure blood alcohol content, or BAC.

Common Types of Tests

There are several different types of field sobriety tests that police officers can make drivers perform if they suspect they have been drinking and driving. While drivers can refuse to take these tests, it is essential to note that if they do refuse, they very well could be arrested. Some of the most common tests and brief descriptions of each can be found below.

  1. The Breathalyzer – When people drink, the alcohol is absorbed into their body, and one of the places where it ends up is in the lungs. A breathalyzer device can determine the amount of alcohol that is in the person’s body. While the legal standard that defined drunkenness was once a 0.10 BAC in the U.S., many states today have pushed the limit back to 0.08.
  2. Stand on One Leg – The purpose of this test is to measure the driver’s ability to maintain balance while standing on one leg. During this test, drivers are asked to place their hands to their sides, lift one leg and slowly count to a certain number. The police officer will take note if the person loses balance, loses count, displays a lack of coordination or falls over.
  3. Walk a Straight Line – This test is often referred to as the walk and turn test. Drivers who are asked to perform this test will need to walk a specific number of steps in a heel-to-toe fashion along an invisible line. At the end of the line, they must turn and walk back the same way. They will fail the test if they lose their balance, walk outside of the line, lose count of their steps or fall over.
  4. Touching the Nose – In this test, drivers will be asked to stand straight with their feet together. They must then close their eyes, extend one arm at a time and touch their nose. People who lose their balance, miss their nose or display muscle tremors will fail the test.
  5. The Nystagmus Test – During this test, police officers will request drivers to follow a pencil or finger while it is about six inches from the nose. If the drivers cannot follow the pencil or finger or if their eyes waver, jerk or tremble, they will fail the test.
  6. Rhomberg Balance Test – Drivers who are asked to perform this test will be instructed to stand straight with their eyes closed and their head tilted back. If they lose their balance, fall over, or display any muscle tremors or spasms, they will fail the test.

Avoiding Field Sobriety Tests

Of course, the best way to avoid getting pulled over and being asked to perform a field sobriety test is to not drink and drive. Drinking and driving is one of the leading causes of car accidents and vehicle-related deaths today. When people have been drinking and need to drive home, they should always ask a sober person to drive them. If there is not anyone available to drive them home, they should call a taxi.