Criminal Law

By Othman Gordon

Myths on criminal law and your criminal record
5 criminal record myths:
1. Criminal history background checks are simple, just use the internet: Those inexpensive online database services only scratch the surface. Their machines provide names and addresses, but nothing more. And there’s no one reviewing the accuracy or relevancy of your results. When you need a background check that provides enough relevant information to determine whether or not a claimant is committing insurance fraud, you need someone to dig deeper and get the whole picture. That’s what we do.
2. Most people accused of a crime are guilty: This is not true. Just because you are accused doesn’t mean that you are the one who is guilty of the crime. Numerous people have been sentenced to serve long sentences for crimes of which they were wrongfully accused, and the real crook got away. Always making sure that you exhaust every single option available to you is important. It could mean the difference in prison time or being free from something you didn’t do.
3. Your record will haunt you for the rest of your life: Regardless of your record, you can lead a very happy and productive life. Always remember that your record may play a part in certain things you can and can’t do, but look at life positively. YOU CAN make the decision to change your life after prison or jail and make the best of what you have now, and not what you lost because of a decision from your past. Records are a reminder of what was and not so much of what is today. If you have the determination to move past it and make your life better then everything will seem less stressful and down.
4. If you are arrested, but not convicted then you don’t have a criminal record: This is incorrect. If you get arrested then there is a record of the initial arrest right there. IF you are not found to be guilty or not convicted then that will NOT be on your record but you being arrested and taken in for booking will be so, you have a record regardless of conviction.
5. Once your record is cleared with the court system and arresting agency then your record is completely gone: Sealing an arrest record involves completely removing a criminal arrest from the public. The record of the arrest, for all intents and purposes, is technically "destroyed," and it is only available to law enforcement. With an expungement, the record will reflect a dismissed case with a finding of "not guilty," but still show the original arrest and charge. Sealed records can be opened if an individual has applied for a professional license, such as a medical or law license. The law and terminology for sealing or expunging a record varies from state to state.
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