Depending on the criminal conviction you have, among other variables, you may be able to pursue an expunction of your criminal record. An expunction means that a court order mandates the destruction of your criminal record so that it no longer impacts your life in a negative manner. While some exceptions exist, you may be eligible for a record expunction if your conviction or charge falls into one of the following three categories.

A first-time conviction for a non-violent offense

If you have an otherwise clean criminal record and you receive a conviction for a violation that is non-violent in nature, you may be eligible for a record expunction.

A first-time conviction while you were under 18/22

You may also be eligible for a record expunction if you received a conviction for certain offenses while you were under the age of either 18 or 22. The maximum age you could be when you received your conviction depends on the charge you faced.

A charge that undergoes dismissal or ends in a not guilty verdict

You may find that you qualify for a record expunction if you had charges filed against you but those charges underwent dismissal. The same holds true if you faced a criminal charge but the charge resulted in a not guilty verdict.

As many of those that we here at The Law Offices of J. Darren Byers, P.A. have worked with in the past can attest to, you can have your federal criminal record expunged. Yet as is the case with state expungement, formal federal post-conviction relief is only available in particular scenarios.

Relying on federal court rulings

The Restoration of Rights Project points out that there is no federal statute regulating expungement. Instead, the individual federal court having jurisdiction over your case determines whether you should have your record expunged. Typically, such a benefit is only made available on a wide scale if you can reasonably question the validity of your conviction or show that it was due to a clerical error. Relief might also be available if you petition for it and federal prosecutors raise no objection to your request.

Federal relief for drug-related offenses

If your conviction stemmed from a drug-related offense, you may qualify for relief under the Federal First Offender Act. To be eligible, the alleged offense has to have been your first and you cannot be subject to any other criminal matter while awaiting relief (it is also only available if you are under the age of 21). If you qualify, the court may place you on probation before entering a judgment against you. The record of your offense is then dismissed upon your completion of the mandates required by your probation.

You can learn more about federal post-conviction relief by continuing to explore our site.

There is a difference between jail and prison

Jail and prison are completely different systems and serve very different purposes. The main differences all stem from the fact that jails are locally run institutions and are not meant to house people long-term. Perhaps most importantly, jails will not house serious offenders for long-term stays. As a result, jails have far fewer risks for violence and have far more capacity to treat inmates with dignity and respect.

State and federal prisons are very different places

The determining factor on what type of prison a convicted person resides in is the nature of their crime. The state and federal prison systems are wildly different, largely because of differences in administration and funding.

Each state has its own prison system meant to serve its needs under state laws. The funding is predominantly from state taxpayers and is subject to state politics. In some ways, state prisons are more likely to change than federal prisons as a result but are also less likely to separate inmates by the severity of their crimes.

Federal prisons have distinct security differences. They most likely will not put high-risk, violent offenders in the same prisons as low-risk, first-time criminals. This makes a huge difference in quality of life for inmates.

For more information, speak with your attorney about what you can expect in your case.

Understanding the burden of proof

In America, the defendant is considered innocent unless and until the prosecution proves their case beyond a reasonable doubt. The burden is on the prosecution to prove that the defendant perpetrated the alleged crime; it is never on the defendant to prove themselves innocent. This burden is very high and can be incredibly complex.

The law requires prosecutors to prove every element of their charge before a jury can declare you guilty. This means that, when looking at a criminal allegation, the prosecution must show each part of the allegation is true. If the criminal code says that a charge requires a person to commit theft and have had a firearm on their person, then it is not enough to just prove that the defendant stole property.

In part, this leads to very selective charges, especially at a federal level where prosecutors have many resources at their disposal.

The evidence

There are two categories of evidence that the prosecutors can use to show their case: direct and circumstantial. evidence would include first-hand witness testimony, medical reports and physical evidence, among other things. Circumstantial evidence would include testimony from witnesses who did not see the crime occur, cell phone tracking and other evidence that implies guilt, but does not originate from the crime itself.

Direct evidence is compelling, but many cases depend heavily on circumstantial evidence. This leaves openings for defense to thrive.

If you are accused of a crime, you should know that relaying this information to the jury is difficult and requires skillful explanations. Find an attorney who will help break down all the elements of the alleged crime and demonstrate all the doubt in your case.