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Statutes of Limitations
The concept of a Statute of Limitations is to prevent someone from charging another of a crime or civil liability long after the memories have faded. Ask your questions here about the time limits associated with various legal actions.
3,254 Questions
How can you seal a federal conviction in new york?
Unfortunately, New York State does not permit expungement, vacating, or sealing of a felony or misdemeanor conviction, despite the number of years that have elapsed or good behavior that may have followed. A felony conviction remains on your record for the rest of your life, unless you are able to obtain a pardon from the governor of the state of New York, which occurs only in rare instances. In addition, the felony conviction makes you what is termed a “predicate felon” which would expose you to a mandatory jail sentence if convicted of another felony crime within 10 years of the termination date of your probation. Thus, your 1996 felony conviction will definitely appear on background checks, even after 10 years have passed since the date you were sentenced to probation.
The only remedy available, which is limited, if you have had no further incidents with the law, is to request a “certificate of relief.” Again, this does not seal your record, vacate nor expunge the felony conviction. It, however, entitles you to certain privileges that would otherwise be denied and demonstrates to a prospective employer you may be worth the risk, moreso than if you had not received one. You can request this certificate through the Department of Probation in the courthouse clerk’s office where you were sentenced to probation. Your fingerprints must be taken again, to assure you have not been rearrested or convicted of other crimes since 1996. After evaluating your criminal history, or lack thereof, your current and past employment, education, ties and service(s) to the community (which you would offer), since your conviction, and your probation period, a determination is made whether you deserve a “certificate of relief.” You can hire an attorney to assist you or fill out the paper work yourself, but it is definitely worth it.
Best of luck!
Reply by Darren Chaker:
One other use of the word occurs when a criminal charge is dismissed. CPL §160.50 and §160.55 require sealing of records and papers relating to the arrest or prosecution.
The purpose of the sealing provision in CPL §160.50 is to insure that a person who is charged but not convicted suffers no stigma of having once been the subject of an unsustained accusation. Kalogris v Roberts, 185 AD2d 335, 586 NYS2d 806 (2d Dept 1992).
Further, records from a prior criminal proceeding that was resolved favorably for defendant are sealed and may not be used by the prosecution on either direct or cross. People v Seeley, 179 Misc2d 42, 683 NYS2d 795 (Sup Ct 1998).
Darren Chaker
What is the statute of limitations for a hit and run in Illinois?
There is none. 720 ILCS 5/3-5
(a) A prosecution for: (1) first degree murder, attempt to commit first degree murder, second degree murder, involuntary manslaughter, reckless homicide, leaving the scene of a motor vehicle accident involving death or personal injuries under Section 11-401 of the Illinois Vehicle Code, failing to give information and render aid under Section 11-403 of the Illinois Vehicle Code, concealment of homicidal death, treason, arson, aggravated arson, forgery, child pornography under paragraph (1) of subsection (a) of Section 11-20.1, aggravated child pornography under paragraph (1) of subsection (a) of Section 11-20.1B, or (2) any offense involving sexual conduct or sexual penetration, as defined by Section 11-0. 1 of this Code in which the DNA profile of the offender is obtained and entered into a DNA database within 10 years after the commission of the offense, may be commenced at any time
How do you remove a property lien in Texas?
First, send a certified letter to the lien claimant that the lien be released immediately (say, within 10 days). If there is no response, then you will need to file a lawsuit for slander of title against the lien claimant. Remember that liens expire--talk to an attorney in your state for info on your state's specific laws on liens.
Statutes of limitations on sexual assualt in North Carolina?
North Carolina's statute of limitations are very basic and simple. Assault, particularly on a government official is normally a felony. If the crime is a felony of any type there is no limit. Malicious misdemeanors have not limit either. Other misdemeanors are set at 2 years.
What are the statute of limitations in pa for a personal injury?
The statue of limitations in Pennsylvania for personal injury lawsuits is two years with the discovery rule.
What is the statute of limitations on speeding tickets in ms?
There is no statute of limitations for speeding tickets. The purpose of a statute of limitations is to make sure your are notified of your violation or crime in a timely manner. You were duly informed and charged with the violation by the ticket.
What is Statute of limitation on license suspension?
There is no statute of limitations on a license suspension. It is a punishment and the terms should be clearly stated in the order that suspended it. You would have to contact the court or the DMV for your state to find out what the time frames on the suspension are.
sunshine laws
The SOL where the judgment is filed would be the one used. However, when a the debtor moves to another state the usual procedure is to file an abstract judgment against property that the debtor now owns in the new state. There are a few cases where a transfer of judgment is not allowed. The deciding factor would be how the judgment is to be executed and the type of litigation it is in conjunction with.
What is termination of a contract?
Kabir made an agreement with Simon on a specific subject matter. Later Simon made a change in the amount of money to be paid the time of payments the place of payments the names of the parties etc. without the consent of kabir whet will be the result? Explain
Mr. Jabir is a businessman. He agreed to sell to mr. Shafer specified sacks of paddy in a go down. Before delivery the paddy was requisitioned by the food ministry power. What will be the result? explain
The implied consent law says a driver has agreed in advance to take a blood alcohol test:
Is breaking and entering a felony in North Carolina?
felony burglary in Ga is when you enter any enclosed space, but usually a house or car, wether or not you have the intent to take anything when you dont have authorization to be in that space. The felony part comes in when the sentence is 12 months or more.
What the statute of limitations on possession of a firearm by convicted felon in Virginia?
Short answer: 15 years.
In practical application: One can acquire title to another's real property by (i) exclusively possessing the land, (ii) openly and notoriously, (iii) adverse/hostile to the owner (that is, without permission), and doing so (iv) continuously for the 15 year statutory period.
The 15 year period is derived from the statute of limitations on the landowner's right to bring suit to eject a trespasser. Thus, to call it a statute of limitations on adverse possession is a bit of a misnomer; rather, it is the amount of time required to obtain title via adverse possession as a consequence of the original owner's failure to bring suit.
In Virginia, this limitations period is codified at Va. Code § 8.01-236:
"No person shall make an entry on, or bring an action to recover, any land unless within fifteen years next after the time at which the right to make such entry or bring such action shall have first accrued to such person or to some other person through whom he claims; provided that an action for unlawful entry or detainer under § 8.01-124 shall be brought within three years after such entry or detainer."
Available at http://vacode.org/8.01-236/ (unofficial, but easy to navigate); and http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+8.01-236 (official, but ugly and clumsy).
[Note that the proviso referencing § 8.01-124 has extremely limited application, usually in the context of landlord-tenant disputes.]
What is the statute of limitations on a cell phone bill in Louisiana?
The statute of limitations on a cell phone bill in Louisiana is 3 years. This means that a request should be sent to the company stating that the debt is no longer owed.
Can you change your mind about a car lease within 24 hours?
You can change your mind about a car lease but the dealer doesn't have to let you out of it. A lease is a binding legal agreement. However, most dealers will probably let you out if it if you ask them.
Statute of limitations for Credit or debit card fraud?
It depends upon several factors, the actual criminal charge (theft by deceit, grand larceny, etc.), the method (cc card stolen from the mail, used w/o permission of holder, fraudulently obtained, etc.) and the laws of the state where the crime was committed. The majority of criminal acts have lengthy state SOL's attached and in most cases such SOL's can be tolled by the court. "Tolled" is generally defined as the SOL being unaccepted as a defense or dismissal of charges.
What is the statute of limitations in California for real estate contracts?
California has set a statute of limitations on a written contract of 4 years. For an open account in writing it is contract it is also 4, 2 if it is an oral agreement. And be aware that the state law that applies could be different based on the actual contract language.
What are the 3 qualifications a person must be to become a representative?
A Representative must be at least 25 years old, must be an inhabitant of the state in which he or she is elected, and must have been a Citizen of the United States for the previous seven years. There is no requirement that a Representative reside within the district in which he represents; although thus is usually the case, there have been occasional exceptions.
The only county were it's legal to distill alcohol at home is New Zealand. It maybe torerated else were but not legal.
What are the statuet of limitations for burglary in California?
THERE IS NO STATUTE OF LIMITATION FOR CRIMES LIKE BURGLARY, TREASON, MURDER, ARSON.RAPE, CHILD MOLESTATION, ETC.
Florida Statute subsection 775.082 states Capital Felony- Death or life imprisonment with no chance of parole.
An example of this would be...
Sexual battery (as defined in s. 794.011(1)(h), F.S.) of a person under the age of 12 by another person who is 18 or older is a capital felony.
Although, due to case law decisions the offender is not subject to the death penalty.
Tramadol (sometimes wrongly spelled as Tramadal) is a prescription painkiller. It is not considered to be an opiate or a narcotic.
What is the statute of limitations on aggravated battery in Indiana?
It depends greatly on the type of felony. For murder, rape, arson and others, there is no limit in Indiana. The statute of limitations is going to be 5 years for lessor felonies. And it is tolled if the individual is not living in the state, or concealed the crime.
What is the statute of limitations for driving while suspended in Missouri?
There really is none. A traffic ticket does not expire and is not subject to a statute of limitations. The statute of limitations is to prevent one from being accused of a crime when the witnesses may no longer be available and defense difficult. In this case, you have already been notified of the violation and have not defended against it in the time allotted. A traffic ticket is a notice of violation. Some jurisdictions will stop trying to collect, or declare on amnesty on tickets on a specific time frame.
