Y., Esq. On the other hand, if youre applying for a job within a government body, youre seeking a professional license (doctor, lawyer, etc. Do Not Sell or Share My Personal Information. Other serious offenses, including murder, kidnapping, and rape, may also be ineligible for expungement. Lets tackle the difference between these two, what type of convictions qualify for expungement, and how you can. Also, misdemeanor crimes are more likely to get expunged than felonies. What Is "Expungement?" - American Bar Association Learn How to Overcome These Obstacles. Juvenile records are the most common, but many states also allow adult defendants to seek expungement of their records. However, depending on the criminal history and state laws, it might be possible to obtain expunged records. Are you struggling with putting your past behind you? If the law specifically disallows a criminal charge under a condition, does it still go before a jury if the condition is met? If you're filling out a job application that asks whether you've ever been convicted of a crime or have a criminal record, you have to tell the truth. Likewise, pardons are not expungements and do not require removal of a conviction from a criminal record. Some states seal certain types of records automatically, such as records of juvenile arrests. Expungement proceedings physically destroy criminal convictionsmeaning they wont be accessible to the public, law enforcement officials, employers, landlords, or anyone else asking about your criminal history. Your record is removed or destroyed (legally if not literally), and it is not available for anyone to access, even by court order. The long answer is still nobut with some caveats: was your criminal record expunged or sealed? By FindLaw Staff | The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Specifics about eligibility depend on location, type of offense, and whether there were any subsequent or previous offenses. If we consider this document alongside the document from Pennsylvania, we might get a sense of how the court order for expungement is actually carried out. 3 attorney answers Posted on Mar 17, 2017 Even if your record is restricted for one or both offenses, the question is "have you been arrested," and the answer will have to be yes. Complex criminal defense situations usually require a lawyer, Defense attorneys can help protect your rights, A lawyer can seek to reduce or eliminate criminal penalties. Whether you can check "yes" or "no" on a job application is a complicated question. Arrest records of individuals wrongfully arrested because of mistaken identity. The long answer is still nobut with some caveats: was your criminal record expunged or sealed? Instead, you can answer "no" because the old conviction no longer exists on your record. If it asked have your been convicted of a crime, then you could answer no for the offense that you were acquitted. Now, keep in mind that in many cases, disclosing an expungement does not necessarily mean you won't get hired. In some jurisdictions, it is simply not possible toexpunge a record. Employers can ask if you have been convicted of a crime. @Snowman are people clearly informed of this and of the difference to a normal interview where it is acceptable, @Random832 The forms (SF86 et al) specifically mention these things and that gaining access to classified or other data involving national security is different from other background checks and employment paperwork. In most states, however, if your offenses were minor, the crimes took place when you were a juvenile, and you have no subsequent adult convictions, you will be able to expunge your records by filing a petition asking the court to seal your record. Agencies reviewing applications for professional licenses, including law, pharmacy, or medicine, may also have access to expunged records. Sealed Records For instance, many states have enacted mugshot laws aimed at addressing predatory practices where private sites require payment to remove the information. The answer varies depending on your state's laws, who's asking, and what type of record was expunged. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Prior convictions can also eliminate the option for diversion (alternative to a conviction) or probation. Expungement & Sealing Adult Criminal Records Your state might require a completed eligibility application. Here are five situations that may require you to disclose an expungement, depending on where you live: Generally, though, sealed records differ from expunged records because If a job application asks you to list any "crimes", "convictions of crimes," or "criminal offenses," you should list only misdemeanor and felony convictions - not arrests. In some states, the information on this website may be considered a lawyer referral service. (In some states like Maryland, failure to disclose an expungement can't even be the sole reason for refusing to hire a candidate.) And under the law, in that case only means that you can answer "lawfully" that it didn't happen-but institutions and professional associations can also require an answer because that is a contractual relationship. Employers are not allowed to ask about arrests. A different administrative body deals with this so it is not automatic in many jurisdictions. I would have much more respect for an applicant that was Honest and Upfront about this type of issue than I would if they tried to HIDE the truth. If you have no open arrests and have no convictions, you can answer no to the question if you have ever been arrested. NYC. When filling out an application for a job or apartment, an applicant whose court records were expunged is not required to disclose their arrest or conviction. Even if you've not been convicted and even if sealed or expunged. Keep in mind that it is not really possible to completely expunge, or erase, your record. Not only does a Certificate of Actual Innocence expunge a criminal record, but also it states that the record never should have existed in the first place. Details regarding the eligibility for an individual case depend on where the subject of the record lives and the legal requirements in that jurisdiction. As noted above, this answer will vary by state. (a) (1) In any case in which a defendant has fulfilled the . You might be able to find information on a court or legal aid website. 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 . Once a charge is eligible for expungement, the defendant still has to petition the court to request this remedy. Expungement orders from federal courts are extremely rare, and there is no federal statute governing its application at the federal level. The arrest or prosecution shall not operate as a disqualification of any person so accused to pursue or engage in any lawful activity, occupation, profession, or calling. In my opinion, you should answer "yes" and explain further, perhaps even providing proof of the expungement. [OK] Records expunged - can I answer "no" when asked if I've - Reddit Unfortunately, the internet never forgets anything, including your prior misdeeds. Many states and the federal government require disclosure of an expunged record when applying for government jobs where the position could involve access to confidential or sensitive records, require security clearances, or place workers in contact with vulnerable individuals. If you are convicted of a crime during the waiting period, you are not eligible for expungement unless the subsequent conviction becomes eligible for expungement. Has the Melford Hall manuscript poem "Whoso terms love a fire" been attributed to any poetDonne, Roe, or other? I believe that it is much better to be honest with a potential employer and explain the circumstances of the conviction than to try and hide an issue. Why do they tolerate such requests? If a record is expunged, it cannot be viewed by the public. If my record has been expunged, how do I answer "have you ever - Avvo Who Can See Your Expunged Criminal Record? If my record is expunged can I answer no truthfully or should I - Avvo I don't remember myself because it's been a while since I applied. When your record is expunged, it is as if the offense never happened at all. 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. For example, petty theft is usually charged as a misdemeanor when it's the defendant's first such charge. PLEASE, IF THIS ANSWER WAS HELPFUL, LET OTHERS KNOW IT. I have since had my record expunged. In Georgia if you are Convicted of a Crime, even a Misdemeanor crime like you were in Indiana, the CONVICTION CANNOT BE EXPUNGED. Yes, right. If an online newspaper, for instance, posted a story about your arrest at the time it happened, it's under no legal obligation to remove that story later. If your arrest record is sealed, and your record is expunged, it is very unlikely anyone will ever know (aside from those entities that can know no matter what). Stack Exchange network consists of 181 Q&A communities including Stack Overflow, the largest, most trusted online community for developers to learn, share their knowledge, and build their careers. So, if youre asked about your record, youre more than welcome to deny ever having a run-in with the lawsince, legally speaking, it never happened. Many states allow you to expunge, seal or otherwise "hide" or "destroy" your criminal record. If a job application asks if you have been convicted of a crime, you can honestly answer "no" and get back to your life. You are only required to answer questions about arrests that led to convictions. It is not a bar to being admitted or licensed to practice law, but if you lie and they find out, it is reason to take action against you, because it shows moral turpitude. And, the law allows you to say you do not have a criminal record, if that record has been expunged. As a result, your criminal record will no longer show the conviction. Contact a qualified criminal lawyer to make sure your rights are protected. Subscribe to stay in the loop & on the road! Make sure you know what you're talking about with expungement. They hang around andbecause of background checksmake it difficult for people to manage everything from finding employment and renting a home to applying for college and traveling abroad. Making statements based on opinion; back them up with references or personal experience. Criminal Record Holding You Back? The order lists eight different agencies within the Allegheny County court system that are to receive a copy of the order, with instructions to expunge and destroy the official and unofficial arrest, expungement, and other documents pertaining to the referenced criminal proceedings. Do Expunged or Sealed Records Show on Background Checks? Is it possible to clear a criminal record after an arrest or conviction? Many states legally bar employers from making hiring decisions based on expunged or sealed records, which means it's actually better for hiring managers not to know this information. It is natural to wonder whether the expungement of a record will prevent an incident from the past from appearing during the background check. That said, only a court order to unseal the records can make the records accessible via a standard background check. Thanks for contributing an answer to Law Stack Exchange! Subscribe to access whenever you need it. I was convicted of 2 counts of misdemeanor conversion in 1991 in Indiana. | Last reviewed November 23, 2021. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The ability to answer "no" to such questions is broad, but not applicable if you are applying for a state license, to operate a state lottery or applying for public office. The information provided in this response to a question is not legal advise and is provided only for general information purposes. Any input on other forms that ask about prior convictions but don't specifically mention expunged records? They will ask, and it is best to answer yes. While you can legally answer "no" and they may never find out, you should answer "yes" in that limited situation (although it is up to you) because as an institution you are agreeing to be honest on the application and if they find out you've lied, they can retract an otherwise legitimately earned degree.