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Monday 24 June 2013

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Earlier this year the Indiana legislature passed a new law which allows some people to limit who can view their criminal history. This new statute is different from the state’s expungement statute, Indiana Code 35-38-5, which is very narrow in scope and seeks to erase all trace of a person’s criminal past. The restricted access statute, Indiana Code 35-38-8, allows people who have been charged or convicted of a misdemeanor or nonviolent Class D felony to petition for restricted access to that conviction so only the police, and those involved in administering the criminal justice system, can have access to a person’s records.

If a person is convicted of a misdemeanor or nonviolent Class D felony s/he must successfully complete all of his or her sentencing obligations, wait eight years after doing this and not get another felony conviction on a new case. Then a lawyer can petition for restricted access to the person’s criminal records. If an individual is acquitted (found not guilty) or charges are dismissed, that individual may file a petition thirty days after acquittal or dismissal of the charges. In other cases, if a conviction is vacated on appeal, a petition can be filed 365 days after the order is final. The petition is among the few pleading which must be verified by the person petitioning, not just signed by the lawyer. To verify something means to sign the document swearing or affirming under penalty of perjury that what you are telling the judge is true. If a person lies in the petition s/he could be charged with perjury, a Class D felony.
If a judge approves the petition a person may legally state that they have not been arrested or convicted of the Class D felony or misdemeanor listed in the restricted records. It is important for people seeking to have access to their criminal records restricted to tell the judge each and every person or business who possesses the information so the judge can order them to restrict access. The judge can only order those who are within Indiana to obey Indiana law.
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law."[1] Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political and social authority, and deliver justice. Working as a lawyer involves the practical application of abstract legal theories and knowledge to solve specific individualized problems, or to advance the interests of those who retain (i.e., hire) lawyers to perform legal services.
The role of the lawyer varies significantly across legal jurisdictions, and so it can be treated here in only the most general terms.[2][3]
Contents [hide] In practice, legal jurisdictions exercise their right to determine who is recognized as being a lawyer. As a result, the meaning of the term "lawyer" may vary from place to place.[4]
In Australia, the word "lawyer" is used to refer to both barristers and solicitors (whether in private practice or practising as corporate in-house counsel).
In Canada, the word "lawyer" only refers to individuals who have been called to the bar or, in Quebec, have qualified as civil law notaries. Common law lawyers in Canada are formally and properly called "barristers and solicitors", but should not be referred to as "attorneys", since that term has a different meaning in Canadian usage. However, in Quebec, civil law advocates (or avocats in French) often call themselves "attorney" and sometimes "barrister and solicitor" in English.
In England and Wales, "lawyer" is used to refer to persons who provide reserved legal activities and includes practitioners such as barristers, solicitors, registered foreign lawyers, patent attorneys, trade mark attorneys, licensed conveyancers, commissioners for oaths,immigration advisers and claims management services [Legal Services Act 2007] as well as people who are involved with the law but do not practise it on behalf of individual clients, such as judges, court clerks, and drafters of legislation.[citation needed]
In India, the term "lawyer" is often colloquially used, but the official term is "advocate" as prescribed under the Advocates Act, 1961.[5]
In Scotland, the word "lawyer" refers to a more specific group of legally trained people. It specifically includes advocates and solicitors. In a generic sense, it may also include judges and law-trained support staff.
In the United States, the term generally refers to attorneys who may practice law. It is never used to refer to patent agents[6] or paralegals.[7]
Other nations tend to have comparable terms for the analogous concept.
Responsibilities[edit]In most countries, particularly civil law countries, there has been a tradition of giving many legal tasks to a variety of civil law notaries, clerks, and scriveners.[8][9] These countries do not have "lawyers" in the American sense, insofar as that term refers to a single type of general-purpose legal services provider;[10] rather, their legal professions consist of a large number of different kinds of law-trained persons, known as jurists, of which only some are advocates who are licensed to practice in the courts.[11][12][13] It is difficult to formulate accurate generalizations that cover all the countries with multiple legal professions, because each country has traditionally had its own peculiar method of dividing up legal work among all its different types of legal professionals.[14]
Notably, England, the mother of the common law jurisdictions, emerged from the Dark Ages with similar complexity in its legal professions, but then evolved by the 19th century to a single dichotomy between barristers and solicitors. An equivalent dichotomy developed between advocates and procurators in some civil law countries, though these two types did not always monopolize the practice of law as much as barristers and solicitors, in that they always coexisted with civil law notaries.[15][16][17]
Several countries that originally had two or more legal professions have since fused or united their professions into a single type of lawyer.[18][19][20][21] Most countries in this category are common law countries, though France, a civil law country, merged its jurists in 1990 and 1991 in response to Anglo-American competition.[22] In countries with fused professions, a lawyer is usually permitted to carry out all or nearly all the responsibilities listed below.

Arguing a client's case before a judge or jury in a court of law is the traditional province of the barrister in England, and of advocates in some civil law jurisdictions.[23] However, the boundary between barristers and solicitors has evolved. In England today, the barrister monopoly covers only appellate courts, and barristers must compete directly with solicitors in many trial courts.[24] In countries like the United States that have fused legal professions, there are trial lawyers who specialize in trying cases in court, but trial lawyers do not have a de jure monopoly like barristers. In some countries, litigants have the option of arguing pro se, or on their own behalf. It is common for litigants to appear unrepresented before certain courts like small claims courts; indeed, many such courts do not allow lawyers to speak for their clients, in an effort to save money for all participants in a small case.[25] In other countries, like Venezuela, no one may appear before a judge unless represented by a lawyer.[26] The advantage of the latter regime is that lawyers are familiar with the court's customs and procedures, and make the legal system more efficient for all involved. Unrepresented parties often damage their own credibility or slow the court down as a result of their inexperience.[27][28]

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