Individuals with criminal records have trouble in various stages of life. From getting a job to a visa, it can have dire consequences. Often times, employers obtain a criminal background check to eradicate risks of potential problems. Sometimes, however, these checks may lead to inaccurate information. Moreover, some individuals may want to clear their criminal records to prevent such potential problems.
Determining the Source of Information
For a criminal background check, authorities source information from multiple resources. It is imperative to identify the agencies responsible for disseminating information. In this way, individuals may contact an agency directly and request a change.
Galveston criminal lawyers can communicate with relevant agencies such as the Department of Corrections, local police, country sheriff, or the Federal Bureau of Investigation, to collect information. Each agency has its unique way to record, modify, and update information.
Individuals may ask employers or entities using background services about the exact source of information to identify an appropriate source of contact.
Corrections
Different agencies have their way of handling requests for information correction. Some states even have specific policies, usually written, and available to people who request. Other agencies that produce a form; concerned individuals may download the form, fill it, and submit it online or offline. There might be a nominal fee for the service.
Some other agencies have specific programs to allow a person to request a certain amount of fee waiver if the individual is indigent. Such forms require notarization to qualify as a statement.
Individuals requesting such a correction are responsible to prove that the information is incorrect. One way to prove that mistake is by having the individual’s fingerprint and compare it with the records related to the arrest as well as conviction.
Some states have certain mechanisms, which allow affected individuals to submit a request form to the agency. Thereafter, the agency is responsible for notifying individuals that the record check resulted from an incorrect conclusion.
There may be situations when clerical mistakes are involved in incorrect information. It may show records of incorrect dates of conviction and/or arrest. In some situations, the crime may be even classified as a classical felony. In worst cases, the information may remain on record, which, ideally should have been sealed or removed.
In such situations, individuals can prove mistakes if they have a certified copy of court documents from the clerk’s office showing correct information.
Final Order
In certain situations, individuals may not have the ability to use any of these aforementioned processes. In that case, he/she may have to file a motion in the court to ask the judge to make appropriate changes to the judgment or record of the court.
If the judge were affirmative, you would receive an order to the effect. You have to provide the order to an appropriate agency.
Record Expungement
Some individuals may want a record to be expunged, destroyed, or sealed. This process is available as the records contain incorrect information or as individuals specifically petition for relief. Though the same information would be available to the courts and law enforcement, it is preserved such that it is not visible to the public. Employers do not see the information during background checks.
In most of the states, expungement is available only for some crimes. It tends to be less serious and/or non-violent offenses in nature. This process involves submitting a complete petition and proving that the conditions of a specific sentence meet and pays a fee.