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Can an ex offender use a Writ of Certiorari to clear a wrongful conviction?
Wiki User
∙ 14y ago
Ex offender doesn't mean anything, do you mean an ex convict, e.g. someone who has served his/her sentence and been released?
In American law, when a case is decided the parties have a right to review by an appellate court. For example, if someone is convicted in Federal District Court, they have the right to have their case reviewed by the Federal Court of Appeals.
After the Court of Appeals, they can appeal to the Supreme Court but the Supreme Court can choose whether or not to hear the case. If the Supreme Court decides to hear the case, the Supreme Court issues a Writ of Certiorari, which directs the Court of Appeals to send the records to the Supreme Court.
So the answer is no, a writ of certiorari isn't used by a convicted criminal to clear a wrongful conviction. The court uses a writ of certiorari to take the case.
Wiki User
∙ 14y ago
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What about if you have 5 conviction of shoplifting?
Steer clear of commiting crimes then. Or learn how to shoplift better.
How can you find out if your record has been expunged in Illinois?
Records of valid felony convictions are permanent and cannot be expunged except by order of the governor of the state (or the President if a federal felony) or in some circumstances at the appellate level due to a wrongful conviction.
What can i do to clear myself to be able to work in the nursing field i caught a felon 6 years ago what can do?
Your only option would be to contact the court in which you were convicted in, and try to have your conviction expunged. If or until the conviction is expunged, no medical center can legally hire you (as a nurse).
What is the breakaway term mean in soccer?
When the offender out plays the defense of an apposing team and all that's between them is the offender and the keeper. The offender has possession. Oh and um.... HI
Internet sites say they can clear your record for 400 is it true?
No, it's not true. An attorney can help you get a conviction expunged, but it will cost more than $400.
How do you clear the conviction of a schizophrenic person?
If the schizophrenic person was sent to prison and it was determined that the person belonged in a mental hospital instead and had belonged in a mental hospital at the time the crime was committed, then post conviction relief exists through the court system. If it is too late to use the court system, then post conviction relief exists through the pardon system.
Can you expunge a domestic violence conviction in Ohio?
In theory, any criminal conviction can be expunged. Actually doing it is something else again. Courts are generally reluctant to expunge any record unless there is a clear showing that the original conviction was unjust, or a long period of good conduct has passed with no further criminal actions recorded. The more serious the violation/conviction, the longer one has to show good conduct and the more reluctant a court will be to expunge a conviction. Domestic violence is a serious offense, and courts are very reluctant to expunge these for any reason.
What is duly convicted?
Duly convicted means that the conviction followed due process of law, which means that the trial preceding the conviction was fundamentally fair. The conviction includes the sentence which shall not exceed the maximum punishment annexed to the crime of conviction. Under the Thirteenth Amendment, a convict may be enslaved for a period of time not to exceed the maximum number of years punishment annexed to the crime of conviction. Any punishment that exceeds the maximum years of punishment annexed to the crime of conviction is undue and fundamentally unfair, which puts it in violation of the Fifth Amendment's prohibition of multiple punishments for the same crime and makes it a clear crime against the victim convicts humanity.
Can you own a firearm with your full pardon and all civil rights have been restored?
No. A pardon does not clear your record - it just means you've been excused. The conviction still stands, and you remain a convicted felon.
What can you do about being fired wrongful?
You can do almost nothing. Most states do not recognize a GENERAL duty to keep employees employed except for good cause discharges ("duty of good faith"). If you cannot point to a clear employment contract, or a statute prohibiting your discharge, you will not get your case into a courtroom.
How do you remove or quash old criminal case records?
Each states have different rules for "expunging" a criminal conviction. You usually have to hire a lawyer to do it and a nice period of time has to have gone by, without you having another criminal conviction, for you to expunge your old conviction. So you need to talk to a local attorney who would explain to you the rules for your particular state. Expect to have to pay a few hundred dollars to get it accomplished. The attorney will contact your state's probation or parole agency to get a letter stating your successful completion of probation or parole. Then, the attorney would file a motion with your local superior court requesting your states version of the "expungement" of a criminal conviction.Upon expungement, some states allow for the complete sealing of your criminal conviction so that no law enforcement officer could ever see you were convicted. In other states, your conviction may still be visible to law enforcement but it would have the notation that you've been expunged of that conviction. so again, you'd need to consult with a local attorney who has to initiate the expungement and would inform you of how expungement works in your particular state.For example, in the state of Georgia, a person convicted under a "first offender" act, would receive an expungement that complete clears your record in both state and federal databases. In California, expungement usually does not clear state and federal databases but does note that your conviction has been expunged.Additional: Also - there is no such thing as a "blanket" expungementof all your offenses. Most(all?) states will only expunge one criminal offense per lifetime.
How long it takes to clear a name for criminal record in south africa?
For an individual to have their criminal record expunged, the requirements are that a conviction should be ten (10) years old; or had received a fine of less than R 20 000 for the committed offence. Over a period of ten (10) years, a person should not have been sent to prison for another offence. If an offence is of a sexual nature and a child was involved, the perpetrator's name will be included in the National Register for Sexual Offender (NRSO). If the victim was a disabled person, this will automatically disqualify a person from having their criminal record expunged.
