convict

[edw02]

My Name is ED from Enfield, Conn. Age 61
Retired US Navy Chief PO (20 Years)
>
My STEP SON by Marriage recently spent time in jail
and supposelly is now a CONVICT.
>
Exactly what is a CONVICT ??
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My wife ( his mother ) and I are curious what RIGHTS
or Loss of rights does he have now that he is a convict.
We have heard (?) he can't Vote, Own property, etc but
all this is Rumor and lack of knowledge of the Law.
>
She is very upset ...as any mother I assume would be.
He spent 6 months in jail, sentenced by a Judge for
lack of child support, taking welfare monies while
he was working + I think the Income Tax people got
into the Process (?) I think Income Tax evasion ??
Also , is his record open to his future Employer's ??
If so for how long ??
>
Can he get this RECORD cleared some how or other ?
Any info would be of Enlightment as we know very
little about the law and what happens after prison.
If you can call six months in the CAN in New York State
a Prison Sentence. THANK YOU VERY MUCH
ED

 

[JETX]

From your post, I would assume that he was convicted of a misdemeanor (served in county jail). If this is correct, than he does not lose his voting rights, only felony convictions can do that.

As to his record.. yes, he has a record, and yes, it can become an issue with employers when/if they do a criminal background check. Whether they will do that or not, usually depends on the job and responsibilities being applied for. For example, if he is a carpenter, most contractors don't run background checks (too many would fail). However, if he is applying as an armored truck guard, schoolteacher, bank teller, etc. they will very probably check his criminal record. "For how long?" A criminal record is not like bad debts that automatically dissolve after a period of years, they will stay for the rest of his life. Heck, look at George W. Bush, he had a DWI ticket over 20 years ago(?) and it is still in 'the system'.

The only way that a record can be cleared is by a legal process called "Expungement". Simply, it is a legal proceeding where all the effected parties (police, sheriff, constable, DA, state police, Federal, etc.) are all asked "Do you protest clearing this mans record of the following crime?". Each of the respective agencies then has the chance to challenge the expungement, and unless there are some unusual circumstances, they usually do challenge. This process is really set to clear records of people who might have been charged with a crime and either 'no-billed' by the Grand Jury or, were found not guilty. I don't know of any cases where a finding of guilt was later expunged.

So, Chief, not much good news. Hope that he has learned his lesson and gotten back on track. That is the only thing that will help to 'clear his record' in the minds of the people he meets from here forward.