Erasing The Criminal Record
Obviously this problem arises especially for individuals not used to the courts and who have had exceptionally, but the problem may also arise for more regular convicts who want reintegration.
To sum up, there are 3 criminal record cards :
The bulletin B1 or n ° 1 is accessible to the police authorities and to the judicial authorities, it is the most complete locker. It includes all decisions concerning the person concerned.
B2 or 2 is available to the Administration and some organizations. It is to provide to access certain jobs, or to obtain certain approvals or certain honors. It contains the same mentions as the bulletin n ° 1, with the exception of certain decisions (decisions against the minors, contraventions, exemptions of penalty, penal compositions, etc.).
Bulletin B3 or No.3, for its part, is accessible to the person concerned. It contains the most serious sentences and not necessarily all B2 mentions. This is why the B3 is often virgin even if you have antecedents.
And precisely, given the functions of the criminal record, the Expungement lawyer in Tulsa Oklahoma provides for a duration of inscription of the mentions that appear there. This duration varies according to the criminal record bulletins.
Erasing newsletter # 1: a complicated case
Concerning the deletion of the bulletin n ° 1 of the criminal record (B1), it is the most coveted because it makes disappear any mention appearing in your criminal record: once these deadlines passed, even the judges can not have any more access to your criminal record.
Obviously deletion of the bulletin n ° 1 entails the deletion of all the mentions of the newsletters n ° 2 and n ° 3.
The applicable rules are strict because this locker is precisely accessible only by the police and the judicial authorities. In this way everything does not disappear
Obviously in case of amnesty, any registration in the criminal record is suppressed;
Otherwise, are automatically deleted from the B1 after a period of 3 years:
- Convictions for police offenses;
- Convictions with a waiver of sentence:
Example: the correctional court issued an exemption from sentence on January 1, 2016 against you and the prosecutor did not appeal this decision. The decision is considered final upon the expiry of the 20-day public prosecutor’s appeal deadline of January 20, 2016. On January 20, 2019, the conviction will automatically be withdrawn from your criminal record.
Sanctions or educational measures pronounced against minors, except in case of new measure or sentence;
Penal compositions executed, except in the case of a new conviction or composition during this period;
After a period of 4 years will also be automatically deleted from the bulletin n ° 1, the convictions pronounced for police contraventions, whose recidivism constitutes an offense.
After 5 years, will be deleted from the B1:
Criminal records can be expunged or Deletion after 5 years
Judgments pronouncing judicial liquidation;
Personal bankruptcies or prohibitions to manage less than 5 years (B1 and B2), knowing that for prohibitions to manage more than 5 years, erasure is automatic at the end of the ban;
Other convictions will always appear in your criminal record # 1.
In all the mentions of your criminal record whatever they are automatically erased forty years after the last sentence.
The cancellation of convictions also occurs automatically on the death of the convicted person or at the latest when he reaches the age of one hundred and twenty years.