17 Jul ACCORDING TO MYRICK (2013), EXPUNGEMENT CAN BE DESCRIBED AS THE PROCESS OF OBLITERATING, DESTROYING
Expungement
SECTION A
According to Myrick (2013), expungement can be described as the process of obliterating, destroying, or striking out criminal records or information contained in files, computers or any other depositories that are related to criminal charges. If the process is successful, the record(s) are alleged to be expunged. Whilst the expungement tackles the primary criminal record, it is said to be a civil action where the plaintiff or petitioner requesting a court to pronounce that the records should be expunged. The social repercussions of a criminal record can to result in the denial of the rights of an individual regarding civil participation. The life of an individual after an arrest is always permanently changed. Whether or not a person has been convicted, an arrest basically becomes part of a criminal record. As such, even an individual whose criminal charges have been dropped may be vulnerable to a certain level of social isolation and a de facto public judgment of guilt; thereby, necessitating the need for the expungement of the criminal records of such individuals.
The expungement processes in every state are governed by the state laws. After expungement, the records cannot be retrieved for common law enforcement or civil application. Such records cannot be taken into consideration by any public or private bodies concerning employment issues, licensing, revocation of licensure or certification, or any form of registration. Nonetheless, some states have laws that allow the retrieval of expunged files during licensing or employment regarding highly sensitive areas, for example, job opportunities that involve the aged or children and law enforcement sectors. Nonetheless, some states allow people who have been arrested to expunge their criminal records. The expungement necessitates for a formal request for the process by the concerned person(s). The laws in different states differ regarding the time at which the expungement may be carried out and the type of records to be expunged, for example, records containing fingerprints, arrest records, among others. However, some laws call for automatic record expungement in particular circumstances, for example, infantile records of adults and first offenders that effectively finish a diversionary verdict.
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