Category: Criminal Law
Collateral Effects of Arrests – What You Need to Know
February 25, 2010 | Jon P. EricksonBy Jon P. Erickson and Shawn D. Stuckey Summer 2007 BGS In Brief Newsletter When a person is convicted of a crime, they are subject to the direct and collateral effects of a conviction. But what happens when a person is arrested for an offense and the case is either not charged, or the person is found not guilty? Most people think that the arrest record is either thrown out or sealed. Many are unaware that anyone can have access to that information for years to come. Some of whom could use this information to make determinations of capability for employment and housing. Others who posses the capacity, and many times do, to make the person’s arrest known to the world. Unless actions are taken now by the person who is the subject of the arrest record, a person who was arrested many years ago may still be denied employment, housing, or have his name published for all to see. Collateral effects are invisible, civil punishments attached to any crime and arise immediately following an arrest. In the past, the public could not easily access criminal history records. Today, technology has greatly increased the public’s accessibility to criminal records. Employers, landlords, newspapers, data harvesters, and any member of the public, have access to…
Read MoreAnger In The Workplace…Anger At Home
December 19, 2009 | Jon P. EricksonAnger in the Workplace . . . Anger at Home First, two examples of anger in the workplace and anger at home: In the Workplace: Mr. Smith and Mr. Jones were business partners sharing an office, work space, common area, and staff. The two men had no altercations in the past, however, on one particular day an argument between the two men escalated to verbal threats, pushing and shoving. The next day, without Mr. Jones knowledge, Mr. Smith went to court and obtained a harassment restraining order by filing a petition and affidavit with the court. The court issued a temporary restraining order ordering no contact between Mr. Smith and Mr. Jones at the workplace. Mr. Jones was unable to conduct his business for almost two weeks until a hearing was held to consider the matter of changing the restraining order. Mr. Smith also went to the local police on the day of the argument and filed a complaint accusing Mr. Jones of harassment, assault, and terroristic threats. Mr. Jones was ultimately charged with a misdemeanor assault. At Home: One Friday evening Mr. Jones, after a very stressful couple of weeks, came home and found that his 13-year-old son had taken his expensive fishing rod and tackle and gone fishing. Unfortunately, his son,…
Read MoreOld Criminal Records Can Be "Off The Record"
December 19, 2009 | Jon P. EricksonOld Criminal Records Can Be “Off the Record” By Jon P. Erickson If you or someone you know has an old criminal record, you should be aware that lost civil rights can be restored by pursuing either a “Pardon Extraordinaires” or an “expungement” of the arrest record. When you consult an attorney about clearing up old criminal records, the first step in the process is identifying what occurred in the past. If you have an old criminal conviction, then the law allows for “Pardon Extraordinaires”. If you were arrested but the charges were dismissed or you were found “not guilty”, then you might be able to pursue an “expungement” of your arrest record. Of course, having an attorney involved at the time of your arrest, even if it is just a traffic misdemeanor, may help set up a situation that might result in making an expungement or pardon easier to get. Individuals seeking to clear past criminal records have a variety of reasons. Some want to restore their right to possess a firearm, such as a shotgun for hunting. Others want to have fingerprints and booking photos sealed to prevent future embarrassment. Lastly, having the Board of Pardons restore an individual’s “good name” may help in preventing problems in searching employment or housing….
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