Posted by Tom Brown in State
on Feb 16th, 2011 | Comments Off
People make mistakes. Sometimes mistakes lead to criminal convictions and a criminal record. This may prevent you from getting a job, getting into school, obtaining a bank loan, and other benefits. Many employers conduct criminal background checks. Last week, Ken White wrote about how people with federal convictions lack a clear path to clear their record. But if you have been convicted of a crime in California, you may be able to clean up your criminal record. You may be able to have your conviction dismissed, sealed, or expunged.
If you are convicted of a misdemeanor and are still on...
Posted by Tom Brown in Federal, Privilege
on Jan 26th, 2011 | 1 comment
It just became harder for the U.S. Department of Justice to prove a case of witness tampering. Now federal defendants may not be convicted of witness tampering under 18 U.S.C. § 1512(b)(1) unless the government can prove that the defendant does more than appeal to a person’s right to exercise a privilege not to testify. Rather, the government must prove some other wrongful conduct, such as coercion, intimidation, bribery, suborning perjury, etc. The new interpretation of the term “corruptly” will likely significantly aid defendants in other criminal prosecutions, such as tax...