Criminal Background Check Attorneys
What?s a Criminal Background Check?
A criminal background check occurs when a judge, employer, police officer, or other person checks a person’s criminal record in order to review any crimes they have committed. Criminal background checks are often necessary to determine a person’s eligibility for a job or other application. They are also necessary to ensure the safety of other persons who may be interacting with the person.
In some cases, criminal background checks can disclose very private information about a person’s criminal history. As such, criminal procedure laws tend to be somewhat strict regarding which persons can access criminal records. Some states allow criminal records to be searched by the general public.
When Are Criminal Background Checks Performed?
Criminal background checks may be performed if the person is:
- Applying for a job
- Applying for an immigration document or change of status
- Seeking housing
- Attempting to work with minors (such as in a school)
- Applying for a government-related position
- Involved in a child custody determination
If a person is found to have a history of crimes, they may be disqualified from their application. This is especially the case if the person has a history of violent crimes, or is found to have a history of repeat offenses (indicating that they might repeat the behavior in the future).
What is Expungement?
Expungement happens where the person’s criminal record is cleared as if they hadn’t committed the crimes in the past. This is available usually after some time has passed from the person’s last conviction (usually at least 5 years after). They must also have completed all of their sentences and probation or parole requirements.
Expungement may be more difficult for felony charges, and is not available in every instance. The expungement process must be specifically requested, because it is not an automatically granted procedure.
Should I Hire a Lawyer for Help with Criminal Background Checks?
Criminal records can often require legal assistance when dealing with them. You may need to hire a lawyer for help if you have any concerns, questions, or legal disputes involving a criminal background check. Your attorney can provide you with legal advice so that you understand your legal rights. Also, a qualified lawyer in your area can help represent you in court if you need to file a lawsuit.
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Last Modified: 09-17-2013 03:05 PM PDT
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