how to get your criminal recorder through a lawyer

by Estrella Lindgren 6 min read

You may make a request for conviction Criminal History Record Information (CHRI) by submitting a completed Request for Conviction Criminal History Form, along with applicable fees to the Identification and Background Check Section. See below for more info. In Person

Full Answer

Do I need a lawyer to get my criminal record cleared?

While it is not necessary that you hire a lawyer in order to get your criminal record cleared, it may still be in your best interest to retain one.

How do I check if I have a criminal record?

Local Police Check. Go to your local police department where you reside or last resided in the United States, request that the police conduct a local or state criminal records search and provide you with a document reflecting that there is no history of a criminal record.

Can someone with a criminal record request my records?

This Federal Equal Employment Opportunity Commission (EEOC) guidanceprovides additional information for job applicants with criminal records. You cannot request a criminal history record response for another person to determine if that person has a criminal history. Your attorney can request your records on your behalf.

How do I get my criminal record expunged?

If they appear to be eligible, then they can ask the court to clear their record by filing the necessary paperwork and adhering to the proper procedures that are provided by the laws in their state. After receiving the files, the court will investigate the person’s criminal history to further assess whether they do in fact qualify for expungement.

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How to request conviction history?

By Mail#N#You may make a request for conviction Criminal History Record Information (CHRI) by submitting a completed Request for Conviction Criminal History Form, along with applicable fees to the Identification and Background Check Section. See below for more info.

Where to file a conviction in Olympia?

You may make a request for conviction CHRI based on an individual’s name and date of birth by completing a Conviction Criminal History Form in person only at the Olympia office located at 106 11th Ave SW Suite 1300, Olympia WA 98501.

How much does it cost to get a fingerprint card for a conviction?

You may make a request for conviction CHRI by submitting a full set of fingerprints in person. There is a $58.00 fee for the processing of a fingerprint card, payable by cash, check credit/debit card (Visa, MasterCard, and American Express accepted).

What time does fingerprinting take place?

8:00 a.m. – 5:00 p.m. (closed from 12:00 p.m. – 1:00 p.m.) please arrive by 4:30 p.m. to allow time for the fingerprinting event to take place. For a fee of $16.00 payable by cash, check or credit/debit card (Visa, MasterCard, and American Express accepted) Valid Government issued picture identification required.

How long is criminal history kept in WA?

Criminal history record information (CHRI) is retained in the Washington State Identification System (WASIS) until an individual reaches 120 years of age. If the record contains multiple dates of birth, retention is based on the newest date of birth.

What is background check in Washington?

Criminal History Records, or background checks, consist of fingerprint-based records and disposition information submitted by law enforcement agencies and courts throughout Washington.

Can a common name be linked to a conviction?

If an applicant has a common name, there can be convictions linked to that person which do not belong to him or her or they could deny a con viction that is in fact the actual subject. The Washington State Patrol retrieves Washington criminal history information from the WASIS/WACIC database.

How much does it cost to get a copy of your criminal record?

To receive a copy of YOUR criminal history record, individuals must submit fingerprint images, pay a $25 processing fee to the DOJ, and follow the instructions below. You may be eligible to apply for a fee waiver to cover the DOJ processing fees. See Apply for a Fee Waiver.

What is the phone number to get a fingerprint card?

If you are having difficulty in obtaining a blank fingerprint card, please contact the Record Review Unit at (916) 227-3849.

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Do employers run background checks on you?

Criminal Records Basics. If you have been arrested for a crime, there is a record of it. Most employers run criminal background checks on you before they hire you. Arrest records are kept in a few places:

Can you get a sealed marijuana record?

Only official personnel and you can get your sealed records. Convictions to summons are not listed on a criminal record. Expunged marijuana records are treated as a if they never happened. They should never be listed on a criminal record.

Can you get a rap sheet without fingerprints?

The FBI keeps a rap sheet about convictions in every state and Federal Court. This record can’t be requested without your fingerprints. Credit reporting agencies buy information about criminal court cases and then sell background checks.

How can a criminal record be cleared?

A criminal record can be cleared in one of two ways: either by having the record sealed or getting the crimes expunged. The difference between the two is that the former closes off the record from public access, whereas the latter makes it seem as if the conviction or arrest never existed.

What does it mean to have a criminal record?

A criminal record is a report that contains any prior charges and convictions that a person may have received. When someone is said to “have a criminal record ”, it usually means that they have been convicted of some sort of crime and the record of that crime can be found by conducting a public records search.

What crimes can be expunged from a criminal record?

Again, while it will depend on the circumstances and the laws of a state, the types of crimes that can usually be expunged from a criminal record include nonviolent crimes ( e.g., misdemeanors), some lesser felonies, when the defendant is a first-time offender, and if the defendant was wrongfully convicted.

How does a criminal record affect a person?

Having a criminal record can have a serious impact on a person’s life. It can prevent them from getting a job, renting an apartment, obtaining custody of their child, or taking other actions. Thus, many people will attempt to have their criminal record cleared.

Why is it important to seal a record?

One advantage to having a record sealed is that it will no longer be available to the general public for viewing. Thus, people like employers will not be able to access the record through an ordinary public record search. Another scenario where record sealing is useful is when a person is charged as a juvenile.

What are some examples of violent felonies?

Violent felonies (such as weapons charges or first-degree murder); Child pornography; Sex crimes (e.g., sexual assault and battery, rape, etc.); and. Felonies committed against a person who is a minor (i.e., usually a person who is younger than 18 years old).

What does a court look at when analyzing whether a person is entitled to clearance?

Additionally, there are also certain situational elements that a court may look at when analyzing whether a person is entitled to clearance like whether the person is a first time or repeat offender, or how much time has passed since they were convicted of the crime.

What to do if a judge is hesitant to expunge a record?

If a judge is hesitant to grant your expungement, a lawyer can effectively advocate for you and work to convince a judge that you deserve to have your record expunged. Additionally, certain burdens and responsibilities of the expungement process may fall on your shoulders. Depending on what state you are in, you may have to notify certain ...

Why is it important to have an attorney for expungement?

Attorneys are so essential to have for your expungement because you have a better chance of success. Expunging your criminal record can help restore certain rights and privileges you were previously denied. An attorney is necessary not only to help you navigate the legal process, but to get legal rights returned to you.

What happens if you get your conviction expunged?

Once these convictions are expunged from your criminal record, you will no longer be bound by their consequences. If your criminal conviction prevented you from voting in certain elections or owning a firearm, you would no longer be prevented from exercising those rights. You will also no longer have to inform certain people about your criminal ...

What factors are considered when granting an expungement?

Judges often consider factors like the severity of the underlying conviction, your overall criminal history, your performance on probation, and your remorse for your crimes. If a judge is hesitant to grant your expungement, a lawyer can effectively advocate for you ...

What happens if you get an expungement?

If a person is granted an expungement, they may be permitted to exercise rights and privileges they were previously barred from. Without a criminal record holding you back, you could get that new job that helps you turn your life around.

Do expungements happen automatically?

Expungements do not happen automatically, and proper procedures must be followed before an expungement is granted. Once an attorney has located the appropriate expungements statutes, they can help you determine if you are even eligible. In many states, some but not all offenses may be eligible for expungement.

Is it easy to get an expungement?

Expungements can greatly benefit individuals convicted of crimes who are being held back because of their past. However, the expungement process is not always easy. As with any legal proceeding, expungements are probably a bit beyond the grasp of an ordinary person.

Can someone with a criminal record get affordable housing?

Having a criminal record makes it challenging to find affordable housing, but someone with a criminal record may still qualify for many federal low-income housing programs. In 2016, HUD issued guidance to federal housing providers to loosen restrictions for applicants with criminal records. HUD’s concern was that a large number ...

Is a criminal record a protected class?

People with criminal records are not a protected class under the Fair Housing Act, but basing application decisions solely on having a criminal record has a disproportionate impact on racial and ethnic minorities who are protected under the Act.

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