Criminal record expungement in Texas In 2010, I was arrested and charged with felony evading arrest/detention with a motor vehicle. This is a state jail felony in Texas. The charge was later reduced from a state jail felony to a Class A misdemeanor. I was convicted and served 90 days in county jail with no probation afterwards. I am worried that even though I don't have a felony on my record, having a Class A misdemeanor could potentially make finding a job more difficult. I took an online quiz that said I was eligible for "background check removal." Is this the same thing as having it expunged? And if not, is it possible to have this conviction expunged from my record?
Expunction may be possible for instance if you are acquitted, later proven innocent, pardoned, and various other things that fall short of being convicted and doing the time. The entire law is here (Texas code of criminal procedure 55.01). There is also the option of an order of non-disclosure, overviewed here. A requirement for such an order is that you were placed on and completed deferred adjudication community supervision, which from what I can tell is not what happened. "Background check removal" may range between simply taking your money and doing nothing, to doing what you could do yourself to get free of traces via radaris, intelius, spokeo, and so on to "request removal" from that web site. This will not make your record unavailable, because these websites don't have any special powers to reach into and manipulate state records.
&quot;Awaiting sentencing&quot; either remanded in custody or on bail. &quot;Sentence completed&quot; which may, or may not, after time become &quot;Spent&quot; (see here) and note that: It is against the law for an organisation to obtain information about an individual’s spent cautions or convictions unless the law specifically states that they can ask an exempted question; usually when someone is applying for a job or role that is exempt from the Rehabilitation of Offenders Act 1974 Source For completeness: checks are made with the Disclosure and Barring Service (DBS).
Can you plead guilty to a crime, get probation and simultaneously avoid a conviction? Yes. In a deferred prosecution, there is not a conviction. If a defendant follows the terms of the program faithfully, the charges are dismissed and a guilty plea is never entered. It is a bit like a conviction with a probation sentence, but milder, because if you carry out the deferred prosecution terms you never receive a conviction and the associated collateral consequences of a conviction such as the one that you allude to in your question. Therefore, this individual would not be statutorily disqualified from purchasing an FDIC insured bank.
Whatever crime or infraction you are charged with, it applies to you personally however they spell your name and however you spell your name. Whether or not you should go depends on the alternative that you face (large fine or jail time for failure to appear?). An argument that you didn't commit the offence because they misspelled your name would hold zero water.
Edit: I didn't notice a that this question was tagged for Canada; this answer is based on U.S. law. "Must you stop walking" and "can the police detain you for leaving" are different questions. Must you stop? I'd expect a lot of variation from state to state, but there are definitely situations in which you must stop. In Ohio, for instance, an officer who "reasonably suspects" that that you have committed, are committing, will commit, or have witnessed the commission of violent felony, is permitted to stop you and ask for your name, address and date of birth, and it is a crime to refuse to provide that information. R.C. 2921.29. But at the moment the officer asks you to stop, you're in a tricky position. If you haven't done anything wrong, you'd be inclined to think that the officer has no basis to stop you and that you're justified in walking away. But if someone just called the police and said someone fitting your description just robbed a store two blocks away, the officer has reasonable suspicion that you committed a violent felony, but you have no way of knowing that. This sort of thing happens pretty much all the time. In the absence of that reasonable suspicion, though, Ohio courts have repeatedly held that it is not obstruction for you to just walk away (or even run!) from the officer. Can the police detain you for walking away? Obviously, if you're in a situation where it is a crime to not answer questions, the police can detain you because they just watched you break the law. But what about when you're within your rights not to answer? The police can still detain you with a Terry stop when they have a reasonable and articulable suspicion that you are committing a crime, or that you just did, or that you're about to. And they can continue that Terry stop until that suspicion is confirmed or dispelled, or until they can't reasonably expect to get anymore information by detaining you. Based on the facts you described, it seems unlikely that they could legally detain you based on your termination of the conversation. Still, I imagine that there could be circumstances where they might stop someone, ask questions, and then reasonably suspect that the person was engaged in a crime based on his decision to walk away, especially if the person hasn't explicitly invoked his Fifth Amendment right to silence.
Legally, they cannot just nab you. The usual (?) option is that authorities in the US request extradition pursuant to the US-Mexico extradition treaty via the Department of Justice, and if the paperwork is in order, this can result in a Provisional Arrest Warrant (and arrest) in Mexico, which will be carried out by the Mexican federal police. This is true whether or not you go to the US consulate. After a hearing in the Mexican courts you might be extradited (or not, but DoJ presumably doesn't proceed with cases that they will lose). Extradition is not possible for every offense, so you would have to look at the offenses listed in the treaty, and whatever the Arizona warrant is about. You can't be extradited for parking tickets, you can be extradited for murder: whatever it is, it has to be a crime in both places, and has to be subject to a minimum one year imprisonment. Also, if you are a Mexican citizen as well, you cannot be extradited unless the Mexican authorities agree to (whereas there is no choice if you are only a US citizen). An alternative is deportation, which would overcome limitations related to extradition, but it's not clear what the requirements for deportation from Mexico are (typically illegal presence, unclear whether Mexican authorities can or would try an end-run around official extradition procedure). Although consulates enjoy a degree of immunity from local law, a consulate in Mexico is still Mexican territory, subject to Mexican law. If you are in the consulate, Mexican authorities cannot enter without permission to arrest you. They also cannot arrest you without a warrant (see Art. 16 of the Mexican constitution). Consular staff also cannot arrest you (if you are not caught flagrante delicto). Nor are they authorized to execute a US warrant in Mexico (thus they have to go through the process of judicial review to send you back to the US, and why a Mexican warrant is required). See this Q&amp;A, relevant to the status of embassies: what is relevant to us is that both the US and Mexico operate under the rule of law, so the issues surrounding Syrian refugees in the Syrian embassy do not arise here.
If the passport that was stolen is a U.S. one, you should report it by any of the channels outlined on the State Department's page Lost or Stolen Passports. The paper-reporting option is via form DS-64, which asks, among other things, whether you filed a police report; so it might be good to do that first. Form N-565 is a similar form for requesting the reissue of a naturalization certificate, and it, likewise, asks about any police report. Withholding someone's ID documents, knowing that they are necessary for travel, would be "false imprisonment" under both state and federal statutes. Also, 18 USC §§1426 and 1427 cover the crimes of "Reproduction of naturalization or citizenship papers" and "Sale of naturalization or citizenship papers"; a 10-year felony for a first offence. "Whosoever unlawfully ... disposes of a ... certificate of naturalization, ... shall be fined under this title or imprisoned not more than ... 10 years (in the case of the first or second such offense, if the offense was not committed to facilitate such an act of international terrorism or a drug trafficking crime)," If the police take your report but don't scare the possessor of your documentation into immediately returning it, you could sue him or her for the actual expenses of obtaining replacements in Small Claims court. If the mispossessed passport causes big enough damages, I guess you could sue in any court that has jurisdiction.
If A reasonably suspects that B committed a felony, A may arrest B, which means that A may also use reasonable force to detain B. They can also arrest for a misdemeanor committed in their presence, if it constituted a breach of peace. It is, of course, up to A to be correct that the act is a felony or a breach of peace, and to know what is reasonable force. If your arrest is in fact not lawful, you may be sued (battery or false imprisonment) or prosecuted (battery or unlawful imprisonment). Punching a person in the shoulder is the felony of battery, and direct observation creates highly reasonable suspicion. In such circumstances, anyone could have arrested the child. Unlike a police arrest, a citizen is not required to Mirandize an arrested suspect. This memo summarizes citizens arrest law including case law for Washington state. The right to perform citizen's arrest is statutorily recognized as a defense under RCW 9A.16.020 The use, attempt, or offer to use force upon or toward the person of another is not unlawful in the following cases: ...(2) Whenever necessarily used by a person arresting one who has committed a felony and delivering him or her to a public officer competent to receive him or her into custody