Search
Search
Search
Expunging a criminal record refers to the process of clearing out any criminal records of an individual whereby the charges are dismissed with prejudice or the defendant is acquitted on the grounds that the evidence presented by the prosecution is insufficient to warrant a conviction. Expunging a criminal record involves eradicating all the criminal records of an individual where the charges are dismissed with prejudice or in some situations, an acquittal on the grounds that the state has failed to bring sufficient evidence to convict the defendant.
Living with a criminal record constitutes one of the most challenging realities that prevent the full reintegration of an individual into society as it acts as a barrier to almost every aspect of human endeavor. There is, however, a legal rescue which might provide a range of benefits and that is expungement. It is therefore important that one will understand the rationale behind expunging a criminal record.
In this specific article that has been developed for the target audience consisting of professionals and person who already possess reasonably good knowledge of legal systems, the benefits of expunging a criminal record will be discussed.
The procedure for erasure of criminal records in Virginia is provided under Section 19.2-392.2 of the Virginia Code. Although expungement does not delete the record but rather hides it, it is a chance the qualified person should consider. In particular, the statute also preserves that expungement can be made in any of the situations which include an acquittal, when the case has been prosecuted then dropped, an arrest that did not result in conviction. The statute expounds that the petition for expungement has to be filed in the circuit court of the county or city in which the case was disposed. The judge will then determine whether or not it will be useful to expunge the record in order to provide for the best interest of justice.
Coordination of the process respect the specifications of the Virginia Criminal History Record Information Act thus enhancing a balance between the applicant’s civil liberties and the public interest.
Then there is the added advantage of employment that is afforded by erasing one’s criminal record. Criminal background checks constitute one of the requirements for those seeking a job either with the organization directly or one of its contractors. With a criminal record, there are numerous factors that reduce chances of job search success, or eliminate him from contention completely. Erasing the record means that the record of the offenses will not be seen by the employers increasing the chances of employment. Scholars have found that, from their survey conducted on various firms, around 96% of employers engage in some form of background check. If there was ever a time when a clean record could make a difference in the success of the employment seeker, this is the time it has happened especially when there are so many people seeking for job offers in the employment market. This comes as a big issue mostly within profession-oriented careers which require a one to secure a license to practice and being a criminal will render this impossible.
Homestead opportunities can be minimized depending on the kind of criminal record you have. Employers often carry out credit checks prior to offering houses on rent, and most will avoid those who have a criminal record. This is averted by erasing one’s criminal record of the same, hence increasing an individual’s chances of seeking better tenancy. This is especially so because access to quality housing in such zones is limited and demand high.
The routine use of background checks when admitting students in universities and other educational organizations is becoming wider. Having a criminal record may greatly hinder the chances that one will be accepted into his or her program or receive any scholarship award that he or she might apply for. Erasing this record eliminates this hindrance and grants one the possibility to continue education or self enhancement without the blot on his background.
Apart from the financial and educational aspects, having a criminal record cleared is also very important in the social aspect of one’s life. The stigmatization that results from criminal record is thus devastating in that it undermines social relations, relationships and social status in the society. Erasing this sign can help one to establish meaningful social contacts and regain trust and respect of other people.
It is stressful when one is already out, and he or she is always under pressure waiting for the day when the criminal past will be revealed. The apprehension for the usual background check procedures and the restrictions placed by a criminal record creates persistent mental anxiety. As your record is expunged, you are relieved and, most importantly, free in your mind from your past misdeeds. All in all, one can mention that all the positive outcomes of clearing a criminal record relate to all spheres of the life of an individual and concern his employment, housing, mental state, and social status.