A conviction is the result when a court of law finds a defendant guilty of a crime.
When the defendant makes a plea of “nolo contendere”, or no contest, it is also defined as a conviction in the United States.
If you have a conviction on your record and would like to determine whether or not your conviction is eligible for criminal record relief, visit RecordGone.com for your free eligibility test or call today for your free over-the-phone consultation at 877-573-7273.
Alonzo King, a convicted Maryland rapist, may not be the ideal poster boy for individual privacy rights. However, his case is at the center of a tight debate about how and under what circumstances law enforcement officers should be allowed to collect an individual’s DNA. This month, the U.S. Supreme Court reversed a lower court ruling, coming down on the side of law enforcement. In their 5-4 decision, the Court held that DNA collection is useful and legal for police to do, even when there is no other evidence of a specific crime. Still more interesting is that the justices failed to follow their usual voting patterns. Associate Justice Scalia, who normally votes in favor of giving states more power, wrote the sharply worded dissent. All of the female justices, Ginsberg, Sotomayer and Kagen, voted with him.
What the SCOTUS decision on DNA collection means
Police no longer have to have a reason to suspect a person has committed a crime to collect his or her DNA. Once the person is “in the system,” police now have the right to check the person’s DNA against evidence for any number of offenses. For instance, a person can be arrested for shoplifting or DUI and his or her DNA can be compared to samples in murder or rape case files. Although the Supreme Court suggested DNA be used only for serious crimes, they indicated they had no real expectation that this barrier would stay in place.
DNA Swabs are Already in Practice
Twenty-eight states currently have laws in place to collect DNA swabs from persons arrested for serious crimes, according to ABC News. It is already standard procedure in all 50 states to collect samples from persons convicted of a crime. These samples are entered into a nationwide Combined DNA Index System (CODIS) database administered by the FBI. The Washington Post reported that court documents state the database currently has more than 1.1 million samples.
Individual Rights Threats
The recent Supreme Court decision isn’t the only governmental threat to individual rights. In the past two decades, several laws have been enacted that infringe on American citizens’ Fourth Amendment privacy rights. Chief among these is the 2001 Patriot Act, which gives law enforcement the right to listen into phone conversations, monitor email communication and bug cars and living spaces without a court order if terrorism is suspected. In addition, there is proposed legislation in Congress that would allow law enforcement to monitor Internet records without a warrant if terrorism is suspected. Americans were recently made aware of mass surveillance of telephone records by the National Security Agency when whistleblower Edward Snowden, a former CIA employee, leaked evidence to The Guardian in London.
What This Means to You
You may think that the Supreme Court’s recent decision doesn’t affect you. Don’t judge so quickly. Remember, under the new ruling, you only have to be accused of a crime for law enforcement to collect your DNA, not convicted. Now, not only can police take your wallet with your business credit card and family photos in it, but can also take your DNA, regardless of the arrest circumstances.
The question of collecting DNA of suspects is likely to resurface again soon. As DNA technology changes and public opinion edges from favoring privacy rights to favoring government rights, we are sure to see the DNA question come into the limelight again.
If you’re looking for expungement services in Texas or around the great Houston/Austin area, Expungement Texas has great content that will help you find the information you need to help clear your record.
It seems that many people are confused with the term expungement. Well simply put, Expungement is a legal process to remove all or part of a criminal record from public view. The term has different meanings in different states. In Texas, expungement means to remove the conviction from the court record; so the court record shows a dismissed case.
To add confusion to the matter, it seems that our readers have a difficult time trying to figure out how to spell Expungement. We’ve found that many readers have spelled it incorrectly: exponged, expunged, or expung. Well, maybe you should read further or go back to grade school.
You see there is a big spelling difference between expungement and esponge.
Regardless, you should see if a free Texas eligibility test is the right step in the direction to get your record sealed.
Millions of Californians who have been convicted of driving under the influence (DUI) have just two more months to exercise their right to have their conviction expunged from their permanent criminal record. Changes to the California law that gives those who successfully complete probation a right to have their criminal convicted dismissed go into affect on January 1, 2008.
While violations on a person’s Department of Motor Vehicles (DMV) record disappear in time, the criminal conviction stays on a person’s record for life— unless it is expunged.
By George Lunt |Every year more cameras pop up on our city streets. The newer cameras are smaller and more efficient. Progress is being made in other, less visible but extremely powerful, technologies as well. These include GPS (Global Positioning System), RFID (Radio Frequency Identification), Wi-Fi (Wireless Fidelity) and WiMAX (Worldwide Interoperability for Microwave Access). These technologies are forming a base that someday could be used to watch and control the majority of the world’s populace.
By Lance Winslow | Many people are so worried that their private information will be stolen and some criminal might steal their identity. Well, these are credible fears and yet just wait until the future with quantum computing. Now as the future of Quantum Computing takes place 128 bit encryption is pretty much worthless. Soon all information will be available to everyone anyway; for good or evil.
It retrospect, it was absurd to think that our original design and structure could last forever. Our content grew too fast and the demands for services increased beyond what we expected. But that was the goal— distribute information that people want. So here were are, again, asking for your patience as we deploy our new web site. While we only have about 2% of our content online as of 10.1.08, we expect to have all back issues, a new blog, and media and governemnt relations section online by 01.01.09.
So again, I say thank you for your patience. If there is particular content that you need, please call or email us and we will respond as fast as possible. In the meantime, enjoy the new online content and get ready for our Winter 2008 issue. – I. Reiboldt.