The elimination of judicial criminal records and i-192 waiver of inadmissibility is a topic that has been talked about a lot because there are conflicting opinions about it. On the one hand, it is said that from a Human Rights perspective, its elimination is necessary because it can generate discrimination against the person whose legal situation is already resolved, having served the sentence or who has not yet been defeated in court.
On the other hand, there is the thesis that this elimination could put other people's rights at risk, such as children in the case of crimes against them.
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What is the position of the Constitutional Court?
The Court establishes that the issue of the management of personal data must always have a purpose established in the law and that is specific, which is why the authorities are authorized to use criminal databases because of the purposes of these for National security protection and criminal prosecution.
However, on the other hand, there is the utility that individuals give to such information, because this is usually used by employers in the selection process, in this regard, the court says that there is no clear purpose or established in the law, therefore that type of use for the databases could not be presented.
If you want to know more about the elimination of judicial records, we invite you to contact through pardons form and we will contact you with an expert lawyer.
i-192 waiver application form is the process with which the history of an individual's arrest in the police archives is erased. In most cases, a person has the right to the removal of a criminal record if he was acquitted by a judge or if the case was dismissed.
Background removal has become increasingly important due to the increase in the frequency with which background investigations are conducted, and the ability of companies and employers to do so. Law enforcement agencies record arrests and criminal charges. It is possible to remove criminal records from the archives of a government agency, but not those of private companies.
Get in touch with us and let us know your case, at pardons, we can easily remove your criminal case.