The Process of Expunction: Getting Past Criminal Records Sealed

Posted by on Apr 3, 2015 in Criminal Laws | 0 comments

After receiving a criminal charge, starting over can be a real challenge. A criminal record can have significant effects on different aspects of your life, especially your employment status. Criminal charges can do a lot to a person’s reputation. Even if you were never formally convicted, bouncing back from established perceptions will take a lot of effort. One way you can mitigate these devastating effects is through the process of expunction.

Expunction is an option available for individuals looking to start over after a criminal charge. Through this legal process, an individual can ask the court to have past criminal records sealed from access of the general public. In some states, the court may even decide to allow certain individuals to answer no to questions regarding previous arrests or conviction that are typically asked during job interviews and other formal applications.

Circumstances that qualify for expunction vary from state to state. Most of the time, expunction is only granted to individuals who were charged or convicted of misdemeanors. However, based on specific circumstances, some states do seal criminal records that involve more serious charges. However, crimes such as murder, rape, and sexual battery are typically not eligible for the process. In some cases, certain states also require individuals to fulfill a specific waiting period before they can file an expunction case. Generally, as pointed out on the website of Ian Inglis: Attorney At Law, expunction is granted to individuals whose situations fall under the following conditions:

  • Acquittals
  • Arrests without conviction
  • Pardoned convictions
  • Juvenile offenses

Depending on the circumstances of your criminal charge, a few other factors might also need to be considered before you can file for an expunction. Consulting with an experienced criminal defense lawyer is the only way to ensure that expunction is the right option for you.

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Bouncing Back from a Workplace Injury

Posted by on Apr 1, 2015 in Employment, Personal Injury | 0 comments

Certain occupations are considered more risky than most. Those involved in industries such as construction work, transportation, mining, and manufacturing are constantly confronted by the possibility of accidents. These occupational hazards can lead to serious injuries that might leave a worker facing long-term effects. What options are available in cases of workplace injuries? How can workers bounce back from devastating outcomes that could very well affect their livelihood?

According to the U.S. Department of Labor, there were about 2.9 million cases of private industry injuries reported in 2013. Most of these injuries were caused by the following accidents common in workplaces across the country:

  • Slipping, tripping, or falling
  • Getting hit or struck by hazards such as objects, machines, or heavy equipment
  • Overexertion from carrying, lifting, pulling, or pushing heavy objects
  • Repetitive or rigid motion
  • Exposure to toxic substances
  • Road accidents, particularly for occupations that involve travel and driving

These accidents can be avoided if employers make it a priority to create a safe working environment. This is especially true for those in high-risk industries such as construction and transportation. As it says on the website of Robert Wilson & Associates, employers should always be prepared to support workers that have been injured while on the job. Considering the risks involved, these employees should be entitled to workers’ compensation coverage adequate enough to cover their needs.

If you have been injured in a hazardous workplace, do not hesitate to seek out the help you need. Pursuing workers’ compensation can be long and difficult, but appropriate legal counsel can help speed up the process. Find a qualified law professional in workers’ compensation to learn which options you have. With the help of an experienced lawyer, you can alleviate the damages and suffering you’ve experienced due to an accident in your workplace.

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Information on Overtime Wages for New York Employees

Posted by on Mar 31, 2015 in Employment | 0 comments

Employees working across the state of New York are entitled to fair and equal compensation. Under both state and federal laws, employees are expected to receive at least a minimum wage for the work and services they render. In certain cases, employees are also allowed to receive extra compensation after working past their regular working hours. Unfortunately, as New York City law firm Cary Kane pointed out on its website, these additional wages aren’t always properly rewarded and cases of unpaid overtime wages remain rampant.

According to the New York Department of Labor, overtime requirements are delineated in the New York State Minimum Wage Orders and the federally mandated Fair Labor Standards Act (FLSA). Based on these regulations, most New York employees should be able to “receive overtime pay at the rate of 1.5 times more than their regular rate of pay for all hours worked over 40 in a workweek.” This means that an individual earning the current minimum $8.75 per hour should be paid $13.125 for each hour worked over her regular working hours. If she works an extra 5 hours during the workweek, she should be able to receive an additional $65.63 on top of her regular pay.

It’s important to note that there are some exceptions to this rule. In particular, individuals working in the following occupations are exempt from overtime pay provision mandated by law. These include executive employees, administrative employees, professional employees, federal/state/municipal employees, farm laborers, and those working as volunteers, interns and apprentices. You can learn more about these exemptions by reading this overtime fact sheet prepared by the New York Department of Labor.

Wage theft happens when employees aren’t properly compensated for the work they do. In most cases, this occurs when overtime pay required by law is withheld or improperly given. Unfortunately, filing complaints in this regard can be hard for most individuals. If you are in a similar situation, it would be best to seek legal counsel to learn your options. If your co-workers are facing the same issues, a lawyer experienced with labor laws can gather everyone’s complaint and bring forward a class action.

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Common Accidents during Cruise Ship Excursions

Posted by on Mar 28, 2015 in Cruise Ships, Personal Injury | 0 comments

A cruise vacation is undoubtedly one of the most pleasurable traveling experiences out there. Plenty of cruise lines offer agreeable services and facilities that tourists of all ages can enjoy. While on the open sea, passengers can enjoy their time on the ship by eating good food, watching live acts, or relaxing on the deck. A lot of cruise lines also have outdoor facilities like water parks and pools that children can enjoy.

Aside from these onboard activities, passengers also have shore excursions and in-land activities to look forward to. After the ship docks, they can look forward to enjoying the best of exotic locales through a variety of activities. Passengers have the option to take part in water activities such as snorkeling, scuba diving, sailing, and kayaking. Some cruise lines also offer the opportunity to go on eco tours or explore the terrain through hiking, sight-seeing, and even horseback riding.

Given these exciting options, it’s easy to see why cruise vacations can be so satisfying. Unfortunately, an enjoyable vacation can be cut short when the unexpected happens. According to the website of The Vucci Law Offices, there are several instances when cruise ship excursions are abruptly interrupted by serious accidents and injuries. The following are just some of the most common accidents that could happen during a cruise. It’s best for passengers to be aware to learn how such situations can be prevented.

  • Dock Accidents: One of the common cruise accidents happens when the ship fails to dock properly at the port. This causes the ship to be unstable, which is can be really dangerous for the passengers alighting for their excursions. The sudden lurching or movement of the ship can cause slips and falls that might lead to injuries like broken bones, head trauma, and spinal cord injuries.
  • Tender Accidents: Larger ships won’t be able to dock too close to the port, so small boats called tenders are used to transport passengers to shore for their excursions. While these boats are generally safe, accidents can still happen sometimes. Passengers could slip and fall while boarding or disembarking from the tender. If driven at excessive speed, passengers can also be thrown overboard from the boat.
  • Motor Vehicle Accidents: As they enjoy in-land activities, passengers will be transported from one venue to the next through vehicles arranged by the cruise line. Sometimes, negligent or reckless driving could lead to car accidents that might cause to serious injuries.
  • Defective Equipment Accidents: Sometimes, the equipment used during the excursions isn’t properly maintained. If any of the equipment or vehicles meant for excursions is defective or malfunctioning, passengers could definitely be facing serious risks.

It’s difficult to accept that such dream-worthy vacations might end in tragic outcomes. Passengers can take extra care to protect themselves from possible injuries, but cruise lines should also remain accountable for creating a safe and enjoyable environment. With appropriate legal counsel, aggrieved passengers can pursue just compensation in case the worst happens during their cruise experience.

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