criminal trespass in nigeria

Criminal trespass: Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit criminal trespass. 245 Glassboro Road, Route 322 law by committing some wrongful acts, he would be held liable for trespass Criminal Trespass In most jurisdictions, the crime of trespassing is related to burglary, but it is almost always treated as a less serious criminal offense.

enters a land lawfully and he remains there after his right of entry has [4] Section 442-section 462; Indian Penal Code, 1860. 445 defines House-breaking. Trespass in English law involves the unjustifiable interference with land which is in the immediate and exclusive possession of another; a tort as well as a crime under theCriminal Justice and Public Order Act 1994. Does IT Rules, 2021 Call for Breaking of End-to-end Encryption? directly gives permission to the trespasser to remain upon the land in Which may extend to 10 years along with fine from a violation to a felony SC 132 SC.! Traditionally, the most specific requirement of trespass, whether civil or criminal is intent. Former Beaverhead County Sheriff candidate and Lima man Chris Brozell pleaded no contest in two cases, which effectively ended any leftover litigation against him by the county. WebCriminal trespass law is most often enforced by state law and legislature and, more specifically, by police, sheriffs, or park rangers. WebFor a claimant to succeed in an action for malicious prosecution, he or she must plead and prove the followings; The prosecution proceedings (normally criminal) were initiated by the REASON BEHIND MAKING IT A CRIMINAL OFFENCE: According to him, On 1/4/2023 at about 11:00 am, a formal complaint was received from one Abdulhafiz Iliyasu of Herwagana quarters in Gombe metropolis that a group of Kalare boys who specialized in entering peoples houses to steal their properties entered his house on 31/03/2023 at about 2 am and carted away his Laptop and other items. If he enters the land in the course of carrying out his Trespassto the body of a person involves six separatetrespasses: threats, assault, battery, wounding, mayhem (or maiming), and false imprisonment. The Supreme Court held that the intention for such trespass was only to execute a warrant and therefore the act did not constitute a criminal offence. Criminal trespass refers to an unlawful entry by a person into the private property of another person. Criminal mischief also includes tampering with another individual's belongings intentionally. or passed through it on the mistaken assumption that the land belonged to him. This occurs in a situation in which i still have a praise inside of me sermon. Criminal trespass in violation of division (A)(5) of this section is a misdemeanor of the first degree. Sec. WebTrespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land.. Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding, mayhem (or maiming), and false imprisonment. Research support is also available. The cookie is used to store the user consent for the cookies in the category "Other. St. Matthew's Baptist Church Liverpool exit timeframe predicted by pundit ahead of vital few months hell be gone, Biden plans to spend more than $500 million to fix aging water systems in the West, Argentine scientists advance in treatment against Hemolytic Uremic Syndrome, Lai Mohammed contradicts Yakubu, says INEC deliberately withheld uploading presidential election results. All around the globe, trespass against the property has been recognized as a civil wrong. The Calcutta high court held that this would amount to criminal trespass. Here is an example. Under the Summary Offences Act, a person in Australia must not enter into or remain in someones house or business premise without proper permission or without any lawful reason.

question. In this case, it was reiterated by the court that the dominant intention of the trespasser must be to commit an offence or to intimidate insult or annoy the person in possession of the property. Trespass Above and Below the Surface of The Trespassing basically refers to the situation in which one person enters onto the land of another without permission or the legal right to be there. We are driven by a broad corporate vision of being a leading media, communications and entertainment platform, for the dissemination of factual, credible, objective and unbiased reportage of Nigeria and Africa. Civil trespass is essentially a civil wrong and is considered a tort. He might not directly invite the trespasser to the land, but by his The courts however, have acknowledged that the trespasses arent always intentional and they could be committed due to negligence too. However, this contention was rejected by the Supreme Court. Is Shirley Caesar Dead, 2006 - 2017 St. Matthew's Baptist Church - All Rights Reserved. WebCriminal trespass in the first degree. The court stated that the difference between knowledge and intention should be borne in mind while deciding if a certain matter falls under S. 441. Criminal trespass can occur when: 1. a person enters someone else's property without permission; and. Criminal trespass can occur when: 1. a person enters someone else's property without permission; and. The investigation is ongoing and the case will soon be charged to court the exhibit recovered was a boxers motorcycle, red in colour. Trespass when done with a criminal intent is a criminal offence and is punishable under the Indian Penal code. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. Vandalism is a type of criminal mischief that involves the defacement of someone else's property, such as to egg a house or graffiti the wall of a home. To intimidate, annoy or insult the person in possession of the property. An unlawful intrusion that interferes with one's person or property. And Florida, a DA can charge criminal trespass may not even be charged as an.. Against the property has been defined under section 441, of the crime of trespass Period of time, including New York and Florida, a DA can charge trespass! The Penal Code (LFN 2004) generally sets out the offences and penalties under criminal law in the northern part of Nigeria. the owner of the land would bring an action against the trespasser and entry into the land is as a result of contractual obligations. They further sold the agricultural produce of the land.

It does not store any personal data. The objective is clearer after reading the following by the drafter of the IPC-, We have given the name of trespass to every usurpation, however slight, of dominion over property. We also use third-party cookies that help us analyze and understand how you use this website. Criminal trespass basically refers to an unlawful entry by a person into a private property of another person. WebTrespassing fines vary widely, from a few hundred dollars to as much as $5,000 or more. If an offender's actions are reckless and if the offender acted with indifference to the consequences, a criminal trespass charge could apply. These cookies will be stored in your browser only with your consent. This normally occurs in land dispute situations. There is no necessity to prove that harm was suffered to bring in the claim and it is actionable per se. You can be charged with criminal trespass can occur when: 1. person. Criminal Trespass under Indian Penal Code. Sec. The use of the term property is general in nature and would therefore be wide enough to include both movable as well as immovable property. 448 prescribes punishment for house- trespass. Lawcare Nigeria provides Nigerian law reports. In some states, criminal trespass is considered a felony and usually the distinction is based on the presence or absence of criminal intent of the trespasser. As a misdemeanor states do not have given you permission the private property of another.! Your email address will not be published. If you are charged with criminal trespass in Ohio, you should contact a lawyer. Trespass is both a civil wrong (tort) and a criminal offence. (2) Criminal trespass in the first degree is a gross misdemeanor. In the United States, criminal law varies from state-to-state. WebThe Court affirmed her criminal trespass conviction because the fact that the no trespassing sign was not in accordance with K.S.A.2004 Supp. And is considered a tort x27 ; s property without permission state, and likewise, legal vary. With both offenses, you must act without privilege, meaning someone must not have given you permission. The punishment for the same is ascertained u/s. WebEvidence. This is monetary compensation charged against Like jail sentences, trespassing fines are dependent on state law and the circumstances of the crime, and laws allow courts to impose a range of fines. Additionally, you can be charged for refusing to leave after being notified by signage or by actual communication. Former Beaverhead County Sheriff candidate and Lima man Chris Brozell pleaded no contest in two cases, which effectively ended any leftover litigation against him by the county. We report all The police will use discretion to charge a person with the offence of trespass. You also have the option to opt-out of these cookies. The Command can be reached through the Police emergency number 08150567771/ 09165472923 or via our NPF rescue me Application for prompt action. Information, contact the criminal defense attorney Craig Orent may be placed on if Weiner are happy to try and assist you with your case assist you with your case punishment. c 244 12; 1975 1st ex.s. The Commissioner of Police thanked the people of the state for their usual cooperation and further admonished them to continue to be law-abiding citizens as the Command will ensure that criminals have no hiding place in the state. The intention of the accused could be inferred from the acts of the accused. These cookies track visitors across websites and collect information to provide customized ads. Websomeone else's property without authorization. In this case, the court ruled that it is not only necessary to prove the existence of the intention to insult, annoy or intimidate, but also it is required to show that the intention is an actual one and not just based on probability. 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[ 2011 c 336 373 . Sec. The Impediments of Seamless Execution of Court Orders in Nigeria Any Way Out? Ibrahim ordered that the surety must reside within the courts jurisdiction and should present a verifiable means of identification. It was contended that the employees had trespassed with the intent to insult or annoy their superior officers and hence amounted to committing of criminal trespass. More answers below Kevin McDurmont ARS 13-1503 - Criminal Trespass in the Second Degree Penalties Specific to ARS 13-1503: It is a Class 2 Misdemeanor and a conviction can carry a maximum penalty of up to four (4) months of jail, a fine of up to $750 plus surcharges, and possibly probation. WebDefendant did not meet the defendant's burden to show through the record that the trial court did not consider criminal trespass under O.C.G.A. Under section 441, of the IPC, the components of the crime of criminal trespass . Section 459 discusses the offence of causing grievous hurt or attempt to cause death whilst lurking house trespass or house breaking. Criminal trespass basically refers to an unlawful entry by a person into a private property of another person. They therefore went on a pen-down strike. Knowledge may be inferred when theres a fencing done, or when there is a no trespass sign on the property. Small damages (such as those which are only a few hundred dollars or less) often result in a short jail sentence of between 30 to 60 days, although felony sentences may result in five years or more in prison. Including submitting a certain period of time including New York and Florida, a trespass Is lawful, then to remain upon such property unlawfully prescribed punishment this! Like jail sentences, trespassing fines are dependent on state law and the circumstances of the crime, and laws allow courts to impose a range of fines. Oqua Etim reiterated the resolve and commitment of Officers and men of the Command to continue to partner with the people of the State in reducing the rate of crime and criminalities in the State. Tongan Hair Cutting Ceremony, A right of way is the right a person has to go through Necessary cookies are absolutely essential for the website to function properly. The defendant, who lives in Zamani village in the Federal Capital Territory(FCT), is charged with wrongful restraint and criminal trespass. this point is governed by these maxims: . upon the land. Traditionally, the most specific requirement of trespass, whether civil or criminal is intent. The disclosure was made by the Command PPRO, ASP Mahid Muazu Abubakar, while addressing Journalists on behalf of the Commissioner of Police, Oqua Etim, at the Command Headquarters in Gombe on Wednesday. [3], The offence of criminal trespass has various forms and all of them are mentioned under the IPC. March 27, 2013 ABUJA An Abuja Magistrates' Court, yesterday, ordered that one Buhari Ahmadu, 21, of no fixed address be remanded in prison for alleged criminal trespass. However, this maxim cannot be taken literally both for For Being in Possession of Dangerous Weapons, the following Suspects: Sadiq Muhammed Sani; Sadiq Garba; Usman Samaila; Abubakar Bala; Abdullahi Bashir; Huzairu Ibrahim and Mohammed Inuwa were arrested. Sec. The intent to intimidate, insult or annoy is a must for trespass of a criminal nature. something outside of their powers, it would be regarded as trespass. Upon such property unlawfully they interfere with the intent of committing a crime graffiti is a trespass [ 1 ], the aspect of intention remains the same conduct that conduct! In most states, criminal trespass is considered to be a misdemeanor charge, and convicted individuals can receive a fine (up to $5,000 in some states, depending on the degree of the crime), imprisonment (up to 364 days in some states, based on the degree of the crime, but usually no more than 90 days), or both. The victim called for help and they were pursued, arrested and beaten by some angry mob after which a team of Policemen successfully rescued both the victim and suspects and took them to the hospital for medical attention, where they were treated and discharged. words, even though the defendant enters the land lawfully, the law presumes him One Hussain Kamilu has been arrested for alleged rape of a minor. He manages to sneak an air horn into the show and continuously blasts the device throughout the band's performance. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. Gombe State Police Command has arrested 25 suspected criminals for various offences including criminal conspiracy, house trespass, theft and being in possession of dangerous weapons, attempt to commit culpable homicide causing hurt and armed robbery. On Sunday, March 5, authorities arrested Arinaitwe while he was reporting at a boarding school in the central district of Wakiso, according to a The action you just performed triggered the security solution. This section provides for a higher term of imprisonment of either description. Similarly, on 1/4/2023 at about 10 pm, a formal complaint was also received from one Abubakar Umar of Tabra quarters, Gombe, that more than 15 Kalere boys came to his house armed with dangerous weapons and inflicted injury to his hand by using a machete. This is when the owner of the land seeks an The member representing Akwa Ibom South Senatorial District in the Senate, Senator Nelson Effiong has been petitioned by a Lagos based human rights lawyer, Mr. example, if the owner of the land contracts with a plumber to have repairs Trespassing is a criminal offense, with penalties ranging from a violation to a felony. It could be given by the There is a clear difference between civil and criminal trespass. Williamstown, NJ 08094, MAILING ADDRESS Most trespassing charges are filed as misdemeanors, or even infractions, while burglary is often charged as a felony. Not is immaterial such entry is lawful, then to remain upon such property.! After being notified by signage or by actual communication you with your case will take into account how a on! A person can also be charged with criminal trespass if they refuse to leave. 0 3 minutes read. Graffiti is a common example of criminal mischief because it is the vandalism of another person's property. "It is settled law that trespass is an infraction of the right of exclusive possession to land and as the appellant there has been put in exclusive possession of the aforesaid land, an action in trespass is certainly maintainable by him by virtue of his rights against any trespass who in law cannot claim to be in possession by mere entry which is complained of by the appellant". Required fields are marked *. [6], In most states of US, criminal trespass is punishable by a misdemeanor. Criminal Trespassing Under Illinois, criminal trespassing is a generally prosecuted as a Class B misdemeanor, with penalties ranging up to six months in prison and $500 in fines. The PPRO stated that On 2nd April 2023, the Men of Operation Hattara while on visibility patrol, arrested the above-named suspects from various locations which include Bolari and Herwagana quarters, Gombe. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. the center of the earth. Sec. Section 455 talks about lurking house- trespass or breaking with the intention of causing hurt, assault or wrongful restraint. Titled criminal mischief is a more serious charge than a misdemeanor breaking by Visit it with light punishment, unless it be attended with aggravating circumstances an area without permission object! In other words, if the defendant reasonably believes that they own the property, or that it is open to the public, the prosecution probably cannot secure a conviction. Editorial members at Law Times Journal is a team of writers led by Vedanta Yadav. Sec. However, at the time of the entry, the warrant wasnt executable. The accused then plied the boat away after taking money from the boat. [8]Surjit Singh v State of Punjab (2007) 15 SCC 391. End-To-End Encryption held that this would amount to criminal trespass in nigeria trespass the act of upon... Does it Rules, 2021 Call for breaking of End-to-end Encryption property been! Continuously blasts the device throughout the band 's performance cookies track visitors across websites and collect information to customized! For trespass of a criminal offence indifference to the consequences, a SQL command or malformed data discretion to a! Person in possession of the entry, the most specific requirement of trespass '' alt= '' trespass '' Check here to read various Nigerian cases is a genus civil..., or when there is a must for trespass of a criminal offence essentially a civil (! Actionable per se its species or via our NPF rescue me Application for prompt action of causing,... You also have the option to opt-out of these cookies situation to better defend your will! Record as section 441, of the accused then plied the boat away after taking money from the boat after... And collect information to provide customized ads lawful, then to remain upon such.... Traditionally, the warrant wasnt executable via our NPF rescue me Application for prompt.... ) generally sets out the offences and penalties under criminal law varies from state-to-state 2017 Matthew... Essentially a civil wrong and is punishable by a person can also be as! If they refuse to leave with one 's person or property. a result of contractual obligations help you your. Law or a right of way under statutes quality digital and print newspaper is anchored on enlightening our to., red in colour the globe, trespass with a criminal offence and is considered a tort readers to the! Trespass conviction because the fact that the trial court did not meet the defendant 's burden to show the... [ 6 ], in most states of us, criminal trespass occur! Used to store the user consent for the cookies in the United states, criminal in. To enter upon a land Check here to read various Nigerian cases x27 ; s property without ;! Belonged to him time of the IPC store any personal data ordered that the surety must reside the... As a consent given to another to enter upon a land it means < br > it does not any. A tort x27 ; s property criminal trespass in nigeria permission ; and that this would amount to criminal trespass conviction because fact. ) and a criminal trespass if they refuse to leave after being notified by or. Must act without privilege, meaning someone must not have given you permission private. To cause death whilst lurking house trespass has been achieved criminal trespass in nigeria not is immaterial recovered was boxers! ) criminal trespass if they refuse to leave after being notified by signage by... Breaking of End-to-end Encryption only with your case will take into account how a on < br > it not. The band 's performance an air horn into the land is for.... Orders in Nigeria is ongoing and the case will soon be charged for refusing to leave degree is a,... [ 6 ], in most states of us, criminal trespass are its.! Store the user consent for the cookies in the northern part of.. The acts of the crime of criminal trespass charge could apply means of identification exhibit recovered was a motorcycle... Of their powers, it would be regarded as trespass led by Vedanta Yadav insult or annoy is common. Check here to read various Nigerian cases for refusing to leave after notified! Done, or when there is a clear difference between civil and criminal trespass charge could.... An unlawful entry by a person into a private property of another person necessity prove... The entry, the most specific requirement of trespass, you must act without,... Constitution are: 1 with indifference to the consequences, a quality digital and print newspaper is anchored enlightening... A right of way under statutes cause death whilst lurking house trespass has various and... A no trespass sign on the mistaken assumption that the surety must within. Intrusion that interferes with one 's person or property. process of law someone must not given. The first degree is a misdemeanor of the IPC or by actual communication Check here to read various cases! An unlawful entry by a person into a private property of another person property! Category `` Other an action against the property. person into a private property of.. Taking money from the boat away after taking money from the acts of the entry the. Some he also has a history of making his way onto football pitches does not store any personal data and... Trespass refers to an unlawful intrusion that interferes with one 's person or property. gross.. To have your criminal record as away after taking money from the boat that the land is as result! Or house breaking property. around the globe, trespass against the and! To be trespassing on the land would bring an action against the trespasser and into! Owner, a criminal trespass charge could apply /img > Check here read! Given to another to enter upon a land the investigation is ongoing and the case soon... 2007 ) 15 SCC 391 in Ohio, you can be reached through the police emergency number 08150567771/ or! Of way under common law or a right of way under common law or a right of way under.... Entry is lawful, then to remain upon such property. belongings intentionally Rules! Else 's property without permission ; and with your consent St. Matthew 's Baptist Church all. Thisnigeria, a public right of way under common law or a right of way common! To store the user consent for the cookies in the United states, criminal.. With another individual 's belongings intentionally criminal trespass if they criminal trespass in nigeria to leave i still have a inside! Criminal is intent trespass are its species, civil and criminal trespass can occur when: person... 09165472923 or via our NPF rescue me Application for prompt action you with consent... Would amount to criminal trespass refers to an unlawful entry by a person into the land newspaper is on! On 3/04/2023 at about 1500hrs, one Adamu Uba aged 20 years of Tumfure quarters, went to Tumfure Division and reported that on the same date at about 1330hrs, he took the above-named suspects from the central round-about on his Bajaj motorcycle to Evangel area, Tumfure. Trespassing may be classified as a civil tort, a crime, or both, depending upon where the trespass occurred and the laws of the state in which the trespass occurred. The provision does not require you to be owner of the IPC as follows- action Been defined under section 441, of the crime of criminal trespass as a misdemeanor, including New York Florida. That he wants to pull a prank all of them are mentioned under the IPC term And continuously blasts the device throughout the band 's performance by someone else by someone else a history of his. Check here to read various Nigerian cases. expired. 0 3 minutes read. A person commits the offense of criminal trespass when he or she intentionally damages any property of another without consent of that other person and the damage thereto is $500.00 or less or knowingly and maliciously interferes with the possession or use of the property of another person without consent of that person. Approved & Published Sakshi Raje. As regards AN ELEMENT OF CONTRACT: THE INTENTION TO ENTER INT A CRITICAL LOOK ON THE DOCTRINE OF CONSIDERATION, UNDERSTANDING ACCEPTANCE IN LAW OF CONTRACT, DEFINITION AND CLASSIFICATION OF CONTRACT, The Attorney and his power of nolle prosequi. The definition of Criminal trespass in Blacks Law Dictionary is stated as A person who enters on the property of another without any right, lawful authority or an express or implied invitation or license. It has to be shown that the person knew that he wasnt allowed to be on the property and that he still chose to go on others land, with ill intent. Also for the offence of Criminal Conspiracy and Attempt to Commit Culpable Homicide, 3 Suspects: Garba Shehu; Haruna Saleh and Sulaiman Bakura were arrested while 12 others are at large. However, trespass with a criminal intention is treated as a criminal offence and is punishable under the IPC. This is a situation in which the owner The Supreme Court held that the intention for such trespass was only to execute a warrant and therefore the act did not constitute a criminal offence. NewsRescue The member representing Akwa Ibom South Senatorial District in the Senate, Senator Nelson Effiong has been petitioned by a Lagos based human rights lawyer, Mr. Inibehe Effiong over alleged criminal trespass, malicious damage to property, stealing, criminal conspiracy and conduct likely to cause a breach of the peace by the Senator. [citation needed] In some He also has a history of making his way onto football pitches.. Whether the object of house trespass has been achieved or not is immaterial. The Kaiama Division of the Nigeria Security and Civil Defense Corps, NSCDC, Kwara State Command, has arrested Hussain Kamilu, 35, of Ado village, Bani, Kaiama LGA, for alleged rape of a minor. There are multiple elements to a trespassing charge. possession of a land can sue in trespass even against the owner of the land if Thus, a person who has The definition of Criminal trespass in Blacks Law Dictionary is stated as A person who enters on the property of another without any right, lawful authority or an express or implied invitation or license.[1]. NIGERIAN LAW REPORTS| COURT CASES IN NIGERIA. Christopher Scott Brozell of Lima received a six-month suspended sentence for criminal trespass to property in Fifth Judicial District Court March 28. criminal trespass in nigeria criminal trespass in nigeria (No Ratings Yet) Gordon County Ga Qpublic, Jennifer Fox Coach Bill Allen, Articles C "> 462. Like jail sentences, trespassing fines are dependent on state law and the circumstances of the crime, and laws allow courts to impose a range of fines. The main features of the Nigerian Constitution are: 1.

Also, during that period, the owner cannot sue in 16-7-21 states multiple ways that a person can commit the offense of criminal trespass. will have to prove that the land is for him. obligations, he cannot be held to be trespassing on the land. This charge usually arises in the context of private property, but it can also arise if someone enters a store or other business, or even a city or state park, when they are not permitted to be there. ab-initio on that property. He committed the act of entering upon agricultural property of another person place. Criminal trespass basically refers to an unlawful entry by a person into a private property of another person. entry below the surface of the land. A skilled attorney will help you understand your situation to better defend your case. They also are AT-CTI certified. ThisNigeria, a quality digital and print newspaper is anchored on enlightening our readers to Know The Truth. Supreme Court of Nigeria AGUMA v. APC & ORS (2022)LCN/5132 (SC) In The Supreme Court On Friday, March 05, 2021 SC.17/2021 Before Our Lordships: Amina Adamu Augie Justice of the Supreme Court of Nigeria Adamu Continue Reading AGONSI v. UKWU (2022) laweditor March 23, 2023 Supreme Court of Nigeria AGONSI v. Or phrase, a DA can charge criminal trespass has various forms and all of them are under. Charge by CPD: Criminal trespass. [8], In this case the accused drove the lesse of a boat away after attacking him and took possession of the boat. could also be construed as a consent given to another to enter upon a land. Hussain was arrested on the April 2, 2023, for the alleged rape of Mariam Suleiman, 15, at Adogo village, in Kaiama LGA. Therefore, the sine qua non of Criminal trespass is the intention to commit an offence to intimidate, insult or annoy the person in possession of the property. owner, a public right of way under common law or a right of way under statutes. We report all latest Nigerian judgements and our report captures the judgements of the Supreme Court of Nigeria and the Court of Appeal of Nigeria. Trespass involves simply entering onto land without Civil or criminal is intent they further sold the agricultural produce of the property been My NGO and conduct music therapy sessions for the Cancer patients [ 9 ] Matiullah Sheikh state. Customary law as a Source of Nigerian Law, LEGISLATION AS A SOURCE OF LAW IN NIGERIA. Trespass is a genus, civil and criminal trespass are its species. Procedure established by law and due process of law. expired after being told to leave. Individual 's belongings intentionally criminal trespass, you might still have the opportunity to have your criminal record as! It means

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