if my record is expunged, can i answer no

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. There can be many steps involved, and each stage comes with its own expectations, rules, and Read more. Sealing criminal records under court order is similar to having them expunged, but they can be less "hidden." reCAPTCHA and the Google Privacy Policy and If a landlord approvs a tenant but refuses to allow them to move in, can the tenant recover fees associated with temporary housing? I think the answer is still technically "yes," even if you have had your record expunged; it would be another outcome if the question was phrased so as to ask whether you currently have negative items on your criminal history. An expunged arrest and/or conviction is never truly removed from the public record and thus is not entitled to privacy protection. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Finally, at the bottom of the order, there is an Affidavit of Expungement, by which the person signing certifies that the indicated records have been expunged and destroyed as directed. So, while you can answer "no" if asked if you've ever been convicted of a felony, there are certain agencies and employers are allowed to seek and use information on an applicants expunged convictions. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Specifics about eligibility depend on location, type of offense, and whether there were any subsequent or previous offenses. Expungement orders from federal courts are extremely rare, and there is no federal statute governing its application at the federal level. 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. This could mean that if you face new criminal charges, you run the risk of having your prior record unsealed and used against you. 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. Reddit and its partners use cookies and similar technologies to provide you with a better experience. It is a good idea to contact acriminal defense attorneywho can advise you about the requirements to have your prior conviction expunged, taking into account local rules and the facts of your case. Basically, expungement orders cannot completely erase public record. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, (city, Meeting with a lawyer can help you understand your options and how to best protect your rights. Can my creature spell be countered if I cast a split second spell after it? Real questions about criminal defense from people like you. But, not every online entity must remove information. 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. 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. Legal Effect of an Expungement An expungement ordinarily means a court seals or erases an arrest or conviction from a person's court record for most purposes. For example, a person applying to be a school bus driver may have to disclose any expunged convictions relating to child abuse, assault, traffic violations, or a DUI. (You may also have to pay a fee.). Courts, law enforcement, prosecutors, and other criminal justice agencies can often use expunged records in later criminal proceedings. BeenVerified is not a consumer reporting agency as defined by the Fair Credit Reporting Act. A recent federal court decision from the Tenth Circuit, Nilson v. Layton City, explains: An expungement order does not privatize criminal activity. Is there any known 80-bit collision attack? It appears that the goals are 1. look for dishonesty (you didn't claim this but we know about it) and 2. suspected links to drugs and terrorism (even if expunged, someone had enough evidence to get a warrant to begin with). Virtually every state has enacted laws that allow people to expunge arrests and convictions from their records. However, these records are still accessible to law enforcement by court order. Expunging or Sealing a Juvenile Court Record. The short answer is yes, but you can minimize the chances Read more, In light of the recent violent episodes experienced across the country, it is more important than ever to know how to interact with law enforcement appropriately. Better understand your legal issue by reading guides written by real lawyers. If a job application asks if you have been convicted of a crime, you can honestly answer "no" and get back to your life. Asking for help, clarification, or responding to other answers. For example, were you a juvenile or adult? Thus, a Certificate of Actual Innocence is the highest form of record expungement. Now that it's done, does the law consider the crime never to have happened? When your record is expunged, it is as if the offense never happened at all. rev2023.5.1.43404. If you have had your record "expunged", under the law it is as if it never happened and the record is destroyed. or convicted. If you are interested in sealing a juvenile record, refer to our article, Expunging or Sealing a Juvenile Court Record. Having a record expunged means your record is no longer accessible to the public and you legally can answer "no" if asked whether you've been charged with or convicted of a crime. Learn more 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. However, depending on the criminal history and state laws, it might be possible to obtain expunged records. Why is it shorter than a normal address? 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. Find the best ones near you. Any person who relies on any information contained in these responses does so at their own risk. Browse other questions tagged, Start here for a quick overview of the site, Detailed answers to any questions you might have, Discuss the workings and policies of this site. On almost any job application, you will be asked to provide information about your pastjob history, education, credit, and criminal history. For example, if you apply for a job in law enforcement, the public employer may be able to see your record. So in my opinion the answer to the question would be "yes". Get free quotes from the nation's biggest auto insurance providers. Visit our attorney directory to find a lawyer near you who can help. If it asked have your been convicted of a crime, then you could answer no for the offense that you were acquitted. Join 1,972,984 Americans who searched for Car Insurance Rates: Search criminal history information in minutes, plus records, contact info, and more. Subscribe to access whenever you need it. Federal judges have the power to expunge any record of conviction, but they rarely exercise it. Any input on other forms that ask about prior convictions but don't specifically mention expunged records? May include social media, contact information and more. Are there any canonical examples of the Prime Directive being broken that aren't shown on screen? Get tailored advice and ask your legal questions. Have you been arrested or convicted of a crime? 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 . This response, or any response, does not create an attorney/client relationship. It is not uncommon among juvenile court proceedings to encounter the term expungement, or find an expungement order issued by the court. Some simply prohibit the release or dissemination of records. After You Are Arrested: Booking, Bail, and O.R. Privacy Policy. Info is from Do You Have A Criminal Conviction History? For information regarding a specific legal issue affecting you, pleasecontact an attorney in your area. Many offenses become more serious when the defendant has a prior conviction on record, for that offense or for another one. Having your record sealed means that you do not have to disclose your misdemeanors, arrests, convictions etc. This works a little differently when someone is looking for employment with the federal government or as a federal contractor. American Bar Association It may also apply to janitors, administrators, kitchen staff, and any other position that places the worker near vulnerable persons. Laws are constantly changing in this area. Expungement laws are highly variable. A person's supposed "erased" record can, in fact, impact them in some legal proceedings. So I hired a lawyer and had the records expunged. When someone is under oath, they might have to disclose an expungement but not their legal history beyond that.). However, these records still exist in the context of the criminal justice system. Since you were convicted I would answer yes and explain, but the decision is entirely up to you. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Stay up-to-date with how the law affects your life. Meanwhile, back in the reality inhabited by the law school and the bar, you actually were arrested and prosecuted and actually didn't tell the truth about it, and the situation "under the law" (in court) is irrelevant. The best answers are voted up and rise to the top, Not the answer you're looking for? If you have a criminal conviction that's been expunged, it generally won't show up on a background check. Do Not Sell or Share My Personal Information, Expungement & Sealing Adult Criminal Records. Of course, this guideline can vary based upon the jurisdiction. Cookie Notice Connect and share knowledge within a single location that is structured and easy to search. I don't practice law in Indiana and I am not familiar with their Expungement laws, so I cannot say if Indiana Expungements work the same as a Georgia Expungement. Are you struggling with putting your past behind you? Most people prefer to work with a criminal defense lawyer when seeking an expungement, but some jurisdictions provide forms so that people can file independently, without the representation of an attorney, if they would rather save the expense. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. An expungement is a court-ordered administrative act of destroying or removing an individual's criminal history record information, such as conviction, arrest, and similar record. The exception is law enforcement and maybe some federal jobs that I do not know about. Here are two instances in which you may be asked about your criminal history. Lets tackle the difference between these two, what type of convictions qualify for expungement, and how you can get help with your criminal record. My response should not be taken as legal advise as no attorney / client representation exists. An expunged criminal conviction will not show up; therefore, it will not affect you. Avvo has 97% of all lawyers in the US. The past can be a good indicator of the future. 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. By checking this box, I acknowledge this service. 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.

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