Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here The Basics of Expungement »
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- Expungement which is also known as "expunction" is a process that is executed after obtaining “Pardon”. This process helps the criminal to get rid of the criminal record permanently and is also known "setting aside a criminal conviction."
The accessibility of expungement, may not be allowed in some states or might differ from country to country.
Legal Effect of an Expungement
An expungement is generally a channel through which an arrest or conviction is sealed, or eliminated permanently from a person’s criminal record. Once, the expungement process is finished and the person is legally free from all the obligations, its not necessary for that person to disclose his crime before applying for any job or membership.
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Cop Accused of Elaborate Scheme for Chicago DUI Arrests »
A news channel in Chicago recently showed footage of a surveillance video of a police officer accused of making fake DUI arrests.
There were a series of complaints against Officer Richard Fiorito, which lead his superiors to order him to use a video camera in his squad car. The footage from this camera has now caused the officer to be caused of making fake arrests. The video is now being used against Fiorito in a law suit involving 21 people who are accusing the officer of having a DUI scheme.
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Due Process and Automatic DUI License Suspensions »
So last night you were stopped by the cops and then they arrested you for drunk driving. And just after the Breathalyzer showed that the reading of a blood-alcohol level was .12%, the officer take away your driver’s license and gave you a piece of paper on which it was mentioned that your license was immediately suspended.
Here several questions comes in your mind that you might be wanted to ask, you may ask that what happened?. Are they allowed to do that? I thought I was believed to be innocent, and it is necessary for the state to prove my guilt that should be beyond a reasonable doubt before that they can punish me. And I remember something about "due process": Are they able to suspend my license for DUI before giving me a chance to defend myself?
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Understanding Search and Seizure Law: What if a Search Violates the Fourth Amendment? »
Here I am explaining you that in case if the search violates the fourth amendment than what could happen.
The Exclusionary Rule.
If, upon review, it has been found by the court that an unreasonable search has been occurred, then any evidence seized as a result of that search could not be allowed by the court to use as direct evidence against the defendant in a criminal prosecution, state or federal. This rule has been established by the U.S. Supreme Court in 1961and it has come to be known as the “exclusionary rule.”
After this day, the exclusionary rule has been criticized by many commentators on the basis that it unfairly lets the criminal go free just because the constable has erred. But the supporter of the rule argued that excluding illegally seized evidence is necessary to restrict police from conducting illegal searches. According to this deterrence argument, if the resulting evidence can’t be used to convict the defendant then the improper searches won’t be conducted by police.
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