if my record is expunged, can i answer no if my record is expunged, can i answer no

If none of your arrests are open or led to any convictions, you are legally permitted to answer "no" to these questions. Contact Your Lawyer The email address cannot be subscribed. 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. 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. 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. For example, if you have a job application that asks if you were ever convicted of a criminal offense, you can legally answer "no.". It it were really the case that "under the law it is as if it never happened", then "under the law" you're telling the truth by answering "no" to the question, and so "under the law" there's no moral turpitude. Employers and landlords are increasingly asking about applicants criminal histories. Subscribe to access whenever you need it. Here are five situations that may require you to disclose an expungement, depending on where you live: How do I stop the Flickering on Mode 13h? However, this does not mean the person's criminal past is completely erased. An expungement (under California Penal Code 1203.4) allows you to withdraw a plea of guilty or no contest, to re-enter a plea of not guilty, and to have the case dismissed.The expungement process releases you from many of the negative consequences of a criminal conviction. An expungement order concerns specific matters and specific courts, and nothing more. 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. Many attorneys offer free consultations. After all, the record has been destroyed, and talking about it benefits no one. It is important to clarify that expungement is not forgiveness for committing a crimethat is a legal pardon. Having your record sealed means that you do not have to disclose your misdemeanors, arrests, convictions etc. I don't know Indiana law, but in GA most convictions can't be expunged. An expungement literally clears the record of any mention of your name as it pertains to a criminal court case, as well as all evidence that you were ever convicted. This limited accessibility is sometimes referred to as a criminal record being "under seal.". You are only required to answer questions about arrests that led to convictions. For instance, many states have enacted mugshot laws aimed at addressing predatory practices where private sites require payment to remove the information. An expunged criminal conviction will not show up; therefore, it will not affect you. In general, there are no laws that make you to answer "yes" after an expungement for most private companies. Not only will your crime not show up on most basic background checks, but it can also help you get a fresh start. 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. This works a little differently when someone is looking for employment with the federal government or as a federal contractor. As a Miami expungement attorney and a Broward expungement attorney, I am often asked who in the public can view a sealed or expunged record. 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. How To Find Out If Your Record Is Expunged 1. It's time to renew your membership and keep access to free CLE, valuable publications and more. Juvenile records are the most common, but many states also allow adult defendants to seek expungement of their records. If you have an expunged record, then its like it never happened. 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. That said, only a court order to unseal the records can make the records accessible via a standard background check. But how should you answer if your criminal conviction has been expunged? If you have questions on when you need to legally disclose an expunged criminal record, it's best to speak with an attorney who works on expungement issues. You might be able to find information on a court or legal aid website. Specifics about eligibility depend on location, type of offense, and whether there were any subsequent or previous offenses. By clicking Post Your Answer, you agree to our terms of service, privacy policy and cookie policy. How to Expunge Criminal Records, Don't Get Sued for Refusing to Hire a Criminal, Getting Criminal Records Expunged: Need Up as Jobs Down, Browse Criminal Defense Lawyers by Location. It includes a date and state seal, which certify its filing with the court. Here are two instances in which you may be asked about your criminal history. 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. 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. And when I got to law school (granted that was a while ago), but I still remember asking that very question! Like a sponge washing a dirty dish clean. You are eligible to have your arrest record expunged if you were acquitted or the charges were dismissed and more than 180 days have passed. A Guide To Your Employment Rights In New York. Yes, you can legally say you were not arrested. Any input on other forms that ask about prior convictions but don't specifically mention expunged records? Expungement generally means an arrest or conviction is removed (expunged) from main criminal records databases as though it was never there. 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. In the United States, certain types of criminal records can be expunged or sealed by a judge or court. Can I now answer "no" when asked if I've been convicted of a crime? In some jurisdictions, it is simply not possible toexpunge a record. If your criminal record has been expunged, do you ever have to disclose it? Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state. 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. Asking for help, clarification, or responding to other answers. It may also apply to janitors, administrators, kitchen staff, and any other position that places the worker near vulnerable persons. Why is it shorter than a normal address? Sources: This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Except where specifically required or permitted by statute or upon specific authorization of a superior court, no such person shall be required to divulge information pertaining to the arrest or prosecution. Your record is removed or destroyed (legally if not literally), and it is not available for anyone to access, even by court order. Sealed records, like expungements, are hidden from public view. 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. This could mean that if you face new criminal charges, you run the risk of having your prior record unsealed and used against you. Most often, you can find these records with a quick "Google" search. Scan this QR code to download the app now. Expunged Records vs. Years licensed, work experience, education. If you find yourself charged with another crime, law enforcement will have access to your past criminal record. See the articles below for details on the rules in your state, and on how to begin the expungement process. Expansions under the "Clean Slate" laws include eligibility for up to three felonies and unlimited misdemeanors, excluding certain assault or weapons offenses and felonies that carry a maximum sentence of life in prison. Prospective employers and landlords, for example, would not be . FBI databases, for example, do not always go along with state courts and their expungement policies and may reveal expunged or sealed records that would ordinarily remain hidden. Expungement laws aim to give people a better chance at becoming productive citizens, but they don't wipe the slate clean in most instances. An expungement order directs the court to treat the criminal conviction as if it had never occurred, essentially removing it from a defendants criminal record as well as, ideally, the public record. Prior convictions can also eliminate the option for diversion (alternative to a conviction) or probation. Why typically people don't use biases in attention mechanism? So either way it would be legal. Are you struggling with putting your past behind you? Many states that allow convicted defendants to expunge their records offer the remedy only once. Reddit and its partners use cookies and similar technologies to provide you with a better experience. Criminal Record Holding You Back? If a job application asks if you have been convicted of a crime, you can honestly answer "no" and get back to your life. If someone applies for a job and the application asks whether they've ever been arrested, can they legally say on the application that they have not been arrested before? 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. All information posted herein is specific to the laws of Georgia and should not be considered as information for the public at large. However, the employer might still find out about . Basically, expungement laws are trying to balance public safety interests with the rights of citizens to move on from past mistakes. They can play by different rules because they are checking for a. Similarly, if you are convicted of a later crime, your earlier convictions may be taken into account when you are sentenced. If you need an attorney, find one right now. Real questions about criminal defense from people like you. 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. Even years after a criminal conviction, a criminal record can interfere with your ability to obtain employment, housing, and professional licenses. Many times, sentences will be increased for repeat offenders. Assume that your record will become known, and prepare now to handle it. This article includes more details about expungement. This site is protected by 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. Regardless of your state, some steps you can expect to take include: These steps might seem daunting, which is why hiring a criminal attorney to represent you is a smart idea. Also, certain government agencies will almost always have access to expunged records. Simply put, record expungement is a way to make your criminal history or arrest record disappear (or, at least, a certain offense). consult a local criminal defense attorney, Got Priors? For example, were you a juvenile or adult? Post a free question on our public forum. The same is true with the board of bar overseers. Cookie Notice Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Learn How to Overcome These Obstacles. A mere arrest record without a conviction is more likely to be expunged than an actual conviction. Learn more 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. Who is Eligible for Expungement? On almost any job application, you will be asked to provide information about your pastjob history, education, credit, and criminal history. 7 Crucial Tips For Dealing With The Police, Facing a Preliminary Hearing? Some state laws require online criminal record databases to update and correct outdated information. This information should not be treated as formal legal advice for someone who needs help regarding their arrest or court record. But not always. For consumer protection questions, contact an attorney who handles consumer protection or internet privacy laws. Law Stack Exchange is a question and answer site for legal professionals, students, and others with experience or interest in law. If you find yourself involved in a legal matter, seek assistance from an attorney in your local area.