×
You've used up your 3 free articles for this month. Subscribe today.
Why Aren’t Eligible Individuals Taking Advantage of Expungement Laws?
Loaded on Dec. 15, 2024
by Michael Thompson
published in Criminal Legal News
January, 2025, page 35
Filed under:
Discrimination,
Restrictions, discrimination,
Expungement/Removal.
Location:
United States of America.
by Michael Dean Thompson
The majority of states across the U.S. now allow people who have been convicted of some felonies to have the record of their conviction removed. The complete expungement of felony records allows the convicted person to live as if the conviction never occurred. However, very few ...
Full article and associated cases available to subscribers.
As a digital subscriber to Criminal Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Oregon Supreme Court Announces 60-Day Limit on Pretrial Custody Applies to Retrials, by Matthew Clarke
- Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’, by Anthony Accurso
- Understanding Timestamps in Digital Forensics, by Michael Thompson
- Protect Yourself Against Police Invasion of Your Cellphone, by Douglas Ankney
- Touch-Transfer DNA Remains Misunderstood and Still Poses High Risk of Wrongful Conviction, by J.D. Schmidt
- From the Editor, by Richard Resch
- Illinois Supreme Court Announces Dismissal by Nolle Prosequi as Part of Agreement Bars State From Bringing Second Prosecution Where Defendant Satisfied Obligations and Reverses Empire Actor Jussie Smollett’s Conviction, by Sam Rutherford
- Third Circuit Announces Claim of Innocence Does Not Resolve Whether Defendant Would Have Accepted Plea Offer Absent Counsel’s Error and Holds Counsel Ineffective for Failing to Properly Advise Defendant About Mandatory Sentences If Plea Offer Rejected, by Sam Rutherford
- You’d Better Watch Out: The Surveillance State Is Making a List, and You’re On It, by Nisha Whitehead, John W. Whitehead
- Kansas Supreme Court Announces Defendant-Witness Retains Fifth Amendment Privilege Against Compelled Self-Incrimination After Guilty Plea and Sentencing as Long as Testimony Sought Presents Legitimate Risk of Incrimination, by Sam Rutherford
- First Circuit Holds Government Breached Plea Agreement by Implicitly Arguing for Upward Variant Sentence by Including Pictures and Video of Defendant That Allegedly Depict His Criminal Tendencies in Sentencing Memo, by Sam Rutherford
- California Supreme Court Announces Retroactivity of 2022 Version of Penal Code § 1170 to Upper-Term Sentences Imposed Before Its Enactment, by Sam Rutherford
- Colorado Supreme Court Announces When Deciding Defendant’s Pro Se Motion Requesting Counsel on Postconviction Review, Trial Court Must Either Deny Entire Motion or Permit All Claims If Any Have Arguable Merit, by Sam Rutherford
- Ninth Circuit Holds District Courts Have No Authority Under Rule 4 of Rules Governing § 2254 Cases to Dismiss Habeas Petition on the Merits, by Sam Rutherford
- Recovering Deleted Messages, by Michael Thompson
- Scent of Death Evidence Admitted at Indiana Murder Trial, by Sam Rutherford
- Washington Supreme Court Declines to Expand Scope of Attenuation Doctrine Under State Constitution and Reverses Murder Conviction Based on Unlawfully Seized, by Sam Rutherford
- Why Aren’t Eligible Individuals Taking Advantage of Expungement Laws?, by Michael Thompson
- Las Vegas Jury Finds Detectives Fabricated Evidence Against Woman Who Spent 15 Years in Prison for Murder and Awards Her $34 Million, by James Mills
- Maryland Supreme Court Announces New Constitutional Rule Requiring Voir Dire Questions Related to Child-Witness Credibility and Abrogates Prior Inconsistent Case Law, by Sam Rutherford
- Eleventh Circuit Announces Defendant Must Know Leaving Residential Facility Without Permission Is ‘Unlawful’ for Escape Conviction Under 28 U.S.C. § 4082(a), by Matthew Clarke
- California Court of Appeal Announces Postconviction Discovery Permitted in Resentencing Under Penal Code § 1172.6 for Felony Murder and Natural and Probable Consequences Murder Convictions, by Sam Rutherford
- Federal Law Enforcement Using Banks to Circumvent Warrant Requirement in Surveilling Sensitive Financial Data of Americans, by James Mills
- Seventh Circuit Announces Maximum Revocation Sentence for Violation of Supervised Release Based on Classification of Underlying Offense at Time of Conviction, Not at Time of Revocation, by Sam Rutherford
- Sixth Circuit Announces Ohio’s Standard for Judicial Bias Contrary to Clearly Established Federal Law, Holds Trial Judge Unconstitutionally Biased in Capital Case and Defendant Denied Right to Present Mitigating Evidence, Grants Habeas Relief, by Sam Rutherford
- DNA on Fired Cartridge Casings: Promising Advances to Link Suspects to Crime Scenes
- News in Brief
More from Michael Thompson:
- Ninth Circuit Reinstates Religious Exercise Claim from Arizona “Christian-Israelite” Prisoner Denied Passover Meal, June 1, 2025
- A Black Box, a Guilty Plea, and an Uncertain Truth, April 15, 2025
- Younger Generations Lead Decline in U.S. Support for Death Penalty, April 15, 2025
- The FBI’s Encrypted Phone Sting, April 15, 2025
- FBI Pressured Forensic Science Group to Censor Critical Workshops, Emails Reveal, March 15, 2025
- Study Confirms New York City’s ShotSpotter Deployment Was a Costly Misstep, March 15, 2025
- How Online Behavioral Ads Fuel Mass Surveillance, March 15, 2025
- Can Comics Help Juries Understand Complex DNA Evidence?, March 15, 2025
- Reining in Police Monitoring of Social Media, Feb. 15, 2025
- Study: DNA Transfer in Social Settings, Feb. 15, 2025
More from these topics:
- Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, Dec. 1, 2024. Sex Offender Registration and Notification Act, Restrictions, discrimination, Constitutional Challenges/Law.
- Former Prisoners Can Become President, But Other Job Options Are Limited, Sept. 15, 2024. jobs, Restrictions, discrimination.
- Missouri Legalizes Marijuana and Expunges Criminal Records, Aug. 15, 2023. Expungement/Removal, Marijuana Laws/Issues.
- Second Circuit Affirms Denial of Qualified Immunity to N.Y. Prison Official Who Imposed Post-Release Supervision on Prisoner – But Reverses Damages Award, Aug. 15, 2023. Restrictions, discrimination, Immunity - Absolute and Qualified.
- Plastic Surgery Has a Troubled History Inside Prisons. Some Advocates Want It to Make a Comeback. Should cosmetic procedures be part of how society prepares prisoners to reenter it?, Jan. 1, 2023. Surgery, Restrictions, discrimination.
- After $10 Million Settlement in Pennsylvania Jail Mugshot Class-Action, Fewer-Than-Expected Claims Leave Windfall for Expungement Program, Aug. 1, 2022. Settlements, Expungement/Removal, Class Actions.
- Council of State Governments Initiates Efforts to Reduce Barriers to Employment for the Formerly Incarcerated, June 15, 2022. jobs, Restrictions, discrimination.
- What’s in a Name?, Nov. 1, 2021. Editorials, Restrictions, discrimination.
- First Prisoner Elected to Hold Public Office in Washington DC, Nov. 1, 2021. Prison Reform, Restrictions, discrimination.
- Virginia Passes Comprehensive Record Clearance Legislation, Aug. 15, 2021. Expungement/Removal, Criminal Records.