Home » Legal » Criminal Law » Arrests And Searches » Page 8

What is an unreasonable search or seizure?

A quick read of the 4th Amendment makes it clear that all persons have a right to be secure in their persons, houses, papers, and effects against unreasonable search and seizure. The basic dictionary definition of terms like unreasonable, search, or seizure are also seemingly easy to read and understand. Despite the simplicity of the terms used in the 4th Amendment, interpretations of laws regarding unreasonable search and seizure comprise one of the most hotly contested areas of criminal litigation today.

→ Read More

Expunging or Sealing Juvenile Criminal Records in Tennessee

For arrests and charges filed against juveniles, one of the following must be true in order to file for an expungement in Tennessee: (1) a petition alleging delinquency was not filed, (2) the proceedings were dismissed after a petition for delinquency was filed or after the case was transferred to Juvenile Court, (3) the juvenile was adjudicated (determined by a court) not to be a delinquent, or (4) the juvenile was charged with a felony and adjudicated not to be a delinquent, but whose fingerprint records were kept until the juvenile turned 18 years old

→ Read More

Eligibility for Expunging or Sealing Adult Criminal Records in Tennessee

There are five general conditions for getting your criminal history record expunged in Tennessee. If you were charged with a misdemeanor or a felony, and properly petition the court that had jurisdiction over you when you committed the offense, then all public record of the arrest and charges against you will be removed if any of the following were true: (1) the charge was dismissed, (2) a ‘no true bill’ was returned by a grand jury, (3) a verdict of not guilty was returned, either by a judge in a bench trial or by a jury, (4) you were arrested and released without being charged, or (5) a ‘nolle prosequi’ was entered in your case and you are petitioning the same court that entered it for expungement.

→ Read More

Application Process for Sealing Juvenile Criminal Records in Texas

To seal your juvenile criminal record in Texas, you must go to the Clerk’s office in the juvenile court where your case was heard and get an ‘Application for Sealing of Files and Records. The clerk will tell you what procedures and processes are followed and what form to file. If you have juvenile criminal records in a justice or municipal court you can file for expunction when you turn 17.

→ Read More

Sealing Adult Criminal Records—Nondisclosure Orders

If your case in Texas is ineligible for an expunction, you will have to obtain an ‘Order of Non-Disclosure’. An order of non-disclosure does not physically destroy any of your criminal records. But it does restrict when and to whom your criminal information can be released to and viewed.

→ Read More

Overview of Texas Criminal Record Expunction and Clearing

In Texas, if you were wrongfully arrested, or found not guilty, or charges were dismissed, or were arrested but later won an appeal or received a Governor’s pardon, you are eligible to completely clear your adult criminal record history. The process is called ‘expunction’ (also known as ‘expungement’). Motions to seal are available to a juvenile’s criminal records.

→ Read More

Automatic Restriction of Access to Juvenile Criminal Records

Texas implemented a records system designed to limit access to juvenile criminal records after you turn 21. Called ‘Automatic Restriction of Access to Records’ (ARAR), your records are not destroyed or sealed but they can be viewed by criminal justices agencies, only for a criminal justice purpose, such as prosecuting crimes and screening potential employees of the criminal justice system.

→ Read More

Sealing Juvenile Criminal Records in Texas

In the case of juvenile criminal records, Texas law lets you seal some convictions after a waiting period. Another law lets you expunge some criminal records (i.e., minor alcohol violations) handled in municipal or justice courts.

→ Read More