Old Court Records can be located by using a Department of Justice Record Request. The reason why this is needed is that Courts will destroy their old cases and they will have no access to them. The court will put it on you to find your own records before they can expunge them. However people will not have access to their records that were destroyed 15 or 20 years ago and this creates a problem when they are trying to clean their record or expunging them.,
Legal Implications of Old Court Records:
Old court records can follow you around and have potential consequences of hindering your job. Prospects. Employers. People who are evaluating for housing and other life opportunities are affected by these old court records because they are visible to people who have the means to search them. In addition, old court records are. Also hard to find when you are doing an expungement. Many courthouses destroy their files over a certain amount of time. However, the Department of Justice still holds the records and reports it. This means that If you want an expungement, then you have to get your rap sheet In order to process it. This adds an additional step.
Difference Between Expungement and Sealing Records:
An expungement deals with convictions and sealing records deal with sealing arrest. Although many arrest leads to conviction, the sealing process does not work when a person admits to a crime or is found guilty by the court. The bottom line is, if there is a conviction, then an expungement viewer Penal Code 1203.4 is the correct method to approach a case. On the other hand, if a person is arrested and the case is never filed, then the correct vehicle to clear up the records would be to use Penal Code 851.91.
There are a few a criteria to determine whether someone is eligible for an expungement. The main factor is whether or not the person is still on probation or have a current case ongoing. If you are on probation or have an ongoing criminal case, then this automatically makes you ineligible for an expungement or reconciling pursuant to 851.91. Other factors that come into play to determine success and expungement include. Whether or not there were violations as the person was on probation. When looking at violations, it’s important to determine whether or not the violation was of a new crime, or was it just a technical violation, such as an oversight of online bill payments or. Be having too many absences from a class.
Benefits of Hiring an Attorney:
An attorney will help you navigate the process of expungement and finding your old court records. There are forms out there that you have to fill out at the Department of Justice in order to get your rap sheet. After getting your rap sheet the Attorney will analyze it and use it to fill out the petition on your case. The attorney will also walk you through writing a letter for your petition and then file it with the court, along with serving the District Attorney’s office. Finally, having attorney is also beneficial because he or she will appear in court for you on the date of your expungement hearing.
Appealing Denied Expungements: Explain the steps to take if an expungement request is denied, including how an attorney can help with the appeals process and what options might be available to pursue further relief.
If an expungement request is denied, then. It is necessary to add back onto court and have a reconsideration hearing or fall a new motion. It’s advantageous to have an attorney who is familiar with the local courts to help you through the appeal process and explain to you your options.
If I failed to appear on an old Orange County case from a long time ago. Will I be taken in if I get pulled over?
Whether the court issued a warrant for you will be determining factor. In Orange County judges will issue warrants for all felonies and misdeameanors. It is very rare for them to issue the in infractions for failure to appear.
Can I use time to my advantage when working on clearing Old Court Records?
Yes. A lot of things can happen. Defense witnesses can disappear and memories fade. You can use these to your advantage for the purpose of defending your case the courts may also take in consideration how much of a different life lived, especially if these are drug cases that involve a drug habit and addiction, you’ll get kudos for it.
What other things can happen when my case gets old?
Other things that can happen when your case gest old are witness issues. Some witness issues include people forgetting or officers retiring. If this happens, it will make a world of difference and will contribute towards getting your case dismissed.
Can I use this service to find Warrants?
Yes using this method for Old Court Records is preferred. It’s probably better because you will not have to show up at t courthouse.
Can you provide examples of cases where people successfully cleared their old court records and the positive impact it had on their lives?
Many people with only one conviction have cleared their criminal record or convictions. When this happens, a person is able to answer that they have not been convicted of any crimes. This is advantageous when they are filling out job applications. Basically it puts them in the same category as. Another person who has not been convicted of a crime. I’ve had many clients who have gotten jobs after they clear their convictions.
What role does the passage of time play in the expungement process, and how can it be used to one’s advantage?
The passage of time is important when it comes to an expungement. It is often used as an argument that the person who is applying for an expungement is a different person today than they are back then. In addition, the with the passage of time, the person who is applying for an expungement can have a lot of things to fill in about how they have contributed to society and learn from their mistakes. In a nutshell, the passage of time works in the favor of the person who was filling out the expungement application.
Are there specific types of offenses that are more likely to be expunged, and are there cases where expungement might not be possible?
Driving under the influence cases are harder to expunge and are routinely denied in Orange County. In addition to this, cases where there are sexual conduct are also harder to expunge And in some cases are not able to be expunged at all. These cases can be ones involving sex with a minor, or lewd conduct with the minor.
How do I know if I’m eligible for expungement, and how can an attorney help me determine my eligibility?
One way to tell whether or not you are eligible for an expungement is to consider whether or not you are on probation. If you are on probation, then that means that you will not be eligible until it terminates. In addition, if you have an ongoing case and you are off probation, then you will still not eligible. An attorney can look this up and analyze your case, then let you know. In addition, an attorney can also analyze your case and let you know of the probability of your success.
How to find old court records online
There are times when the courts can’t find their own Old Court Records . If this is the problem then it will be your job. Thankfully, the department of justice provides this service. Below are instructions on how to find old court records online.
Total Time: 1 day
Download Record Request from Department of Justice
You can get the form at this link.
Fill out Form
Be sure you fill everything out completely. It will get bounced back if you do not fill it out correctly.
Do Live Scan at police station or UPS
This process is quick but the service will cost you around 25-30 dollars.
Wait and Watch the Mail
It typically takes 3-5 Weeks for results to come back.
Understanding the intricacies of old court records and the expungement process in Orange County is crucial for individuals aiming for a fresh start. With the passage of time playing a pivotal role, it becomes evident that the sooner one acts, the better. By hiring an attorney and following the steps outlined, individuals can better position themselves for success, ensuring a brighter and unburdened future.