if my record is expunged, can i answer no

The disclosure requirement doesn't usually stop at positions involving direct contact with vulnerable individuals. An expungement will ordinarily be an accessible part of a person's criminal record, viewable by certain government agencies, including law enforcement and the criminal courts. The response is in the form of legal education and is intended to provide general information. Here are two instances in which you may be asked about your criminal history. Learn more about Stack Overflow the company, and our products. Can Potential Employers Access My Criminal Record? Since you were convicted I would answer yes and explain, but the decision is entirely up to you. For example, petty theft is usually charged as a misdemeanor when it's the defendant's first such charge. Whethera criminal record can be expungedalways depends on a number of factors, including thejurisdiction; the nature of the crime or charge; the amount of time that has passed since the arrest or conviction; and whether there is any additional criminal history. In some states, the information on this website may be considered a lawyer referral service. As far as the law is concerned, the arrest never happened, Except for specific occupations listed in statute (such as law enforcement) the arrest record can not be considered, The person arrested can not be required to divulge information pertaining to the arrest, Generally, an employer cannot ask about arrests during a job interview or on a job application. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. If a record is destroyed, all relevant documentation is removed from the state court system following the states protocols for records destruction. Expungements help you keep your record clean if you were wrongly accused, or if you've finished the sentence for the crime that you were . Terms of Service apply. If you need an attorney, find one right now. Details of the process and the general availability of expungement both depend on the location of the criminal record. A sealed record serves much the same purpose, but the record still exists; it's just that almost no one can access it through conventional means unless it's unsealed. Court records and police blotters permanently document the expunged incident, and those officials integrally involved retain knowledge of the event. I want to get my record exp Expunged. It's just a Agencies reviewing applications for professional licenses, including law, pharmacy, or medicine, may also have access to expunged records. Expunged Records vs. 1203.4. Once you start your job search, you'll be able to check the "no" box on applications that ask if you have a criminal record or if you have ever been convicted of a crime. After all, the record has been destroyed, and talking about it benefits no one. There are also situations when you still are supposed to answer yes to a question of whether you've been arrested (even w/out a conviction!) I'd like to try for Global Entry again, but I'm going to have to explain why my answer changed between applications. Do Expunged or Sealed Records Show on Background Checks? By checking this box, I acknowledge this service. Any input on other forms that ask about prior convictions but don't specifically mention expunged records? Many offenses become more serious when the defendant has a prior conviction on record, for that offense or for another one. An expunged arrest and/or conviction is never truly removed from the public record and thus is not entitled to privacy protection. Info is from Do You Have A Criminal Conviction History? I answered the "have you ever been convicted of a crime" question truthfully on the application and got back a rejection stating that any drug conviction at all barred me from approval. If you find yourself charged with another crime, law enforcement will have access to your past criminal record. Learn More About Record Expungement From Our Attorney. Sealing criminal records under court order is similar to having them expunged, but they can be less "hidden." It is not uncommon among juvenile court proceedings to encounter the term expungement, or find an expungement order issued by the court. Avvo has 97% of all lawyers in the US. Search for lawyers by reviews and ratings. After all, the record has been destroyed, and talking about it benefits no one. Get legal help from Chaput Law. Many states allow you to expunge, seal or otherwise "hide" or "destroy" your criminal record. This is one example but there are others. An expungement can help with background checks. Simply put, record expungement is a way to make your criminal history or arrest record disappear (or, at least, a certain offense). And when I got to law school (granted that was a while ago), but I still remember asking that very question! Get tailored advice and ask your legal questions. I have found that if you are honest, and explain the situation, you are usually ok with a potential employer. Thanks for contributing an answer to Law Stack Exchange! In the real world that would be a lie. Laws are constantly changing in this area. When Must You Disclose an Expungement? - FindLaw Also, misdemeanor crimes are more likely to get expunged than felonies. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. If a record is sealed, it may remain available to law enforcement officers, but removed from the public. This limited accessibility is sometimes referred to as a criminal record being "under seal.". In the United States, pardons may be granted by public officials. If you've successfully expunged or sealed your criminal record, in most situations, you can answer "No" when asked whether you have a criminal record. If My Record is Expunged, Can I Answer "No" When Asked About a Criminal There can be many steps involved, and each stage comes with its own expectations, rules, and Read more. For a pardon, you must turn to governors, secretaries of state, attorney generals, and sometimes even the President. @Nate Eldredge. How do I stop the Flickering on Mode 13h? Arrest record that does not result in criminal charges, Cases where the defendant completed a diversion program, Cases where the defendant received a deferred judgment. Yes, right. Sealed records are often available to law enforcement in the course of their investigation of a possible crime and to agencies that review handgun license applications and concealed carry permits. The answer varies depending on your state's laws, who's asking, and what type of record was expunged. | Last reviewed November 23, 2021. Sealed records, like expungements, are hidden from public view.

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