Quick Answer: Why Is My Expunged Records Show Up?

Can you be a cop with an expunged record?

Police officers are not immune from having criminal records, but they are often less severe offenses, such as misdemeanors, although a record that has been expunged could include a felony charge..

Can expunged record be used against you?

While you may truthfully testify under oath that you have never been convicted of a crime when your record has in fact been expunged, the government still maintains evidence of your conviction and may use it against you in the narrow and specific circumstances allowed by state law, such as the situations described …

Can an employer ask about expunged record?

California law still prohibits employers from asking about, or considering, criminal convictions that have been expunged. … It bars employers from considering any criminal conviction, expunged or not, prior to making a conditional job offer. The law applies to both felony charges and misdemeanor charges in California.

Who can see an expungement?

Who Can See My Criminal Record after It Is Expunged?Criminal justice agencies (court administrative jobs, positions with juvenile court or state prisons, police officer jobs)Human service agencies (social work positions, probation officer positions, counselors)Department of Education (working in a public school)

What happens after an expungement?

An expungement ordinarily means that an arrest or convictions “sealed,” or erased from a person’s criminal record for most purposes. After the expungement process is complete, an arrest or a criminal conviction ordinarily does not need to be disclosed by the person who was arrested or convicted.

Can banks see expunged records?

The answer is unchanged. The FDIC policy on their Section 19 that covers those convicted of crimes does not consider those fully expunged to have been convicted. If you are employed in certain other services at the bank (like perhaps investment advising) there may be different (e.g., FINRA) background checks and rules.

Does the FBI have access to expunged records?

Expunged Records Don’t Disappear State and federal governments, as well as law enforcement agencies, for example, can access sealed records. Because the FBI qualifies on both counts, you must expect that your record will be available to the agency.

Do you have to disclose an expungement?

An expungement ordinarily means that an arrest or convictions “sealed,” or erased from a person’s criminal record for most purposes. After the expungement process is complete, an arrest or a criminal conviction ordinarily does not need to be disclosed by the person who was arrested or convicted.

Is it better to seal or expunge your record?

Expungement vs. Record Sealing. The key difference between expunging a person’s criminal record and sealing it is that a sealed record still “exists” in both a legal and physical sense, while expungement results in the deletion of any record that an arrest or criminal charge ever occurred.

How do I know if my record has been expunged?

To check if your felony has been expunged, contact the court, the state attorney or prosecutor’s office, and the law enforcement agency that handled your felony case.

Can you get a government job with an expunged record?

Pretty much any government job will conduct an official DOJ background check before extending employment, including such professions as: fire fighter, police officer, public school teacher, etc. However, an expunged conviction will not prevent you from getting hired in most government positions.

Is an expungement worth it?

In a Nutshell: Expungement has legitimate value for employment purposes and recently, due to recent new laws, in professional licensing. However, expungement does not erase, delete, remove or, like a sponge cleaning up a spilled drink, restore one’s record to appear like nothing happened.

How long does it take for something to get expunged?

Generally speaking, you can count on your expungement taking in the neighborhood of 90 to 120 days, but certain courts or older cases can take longer. Several factors impact the length of time an expungement takes to go through the court system.

Will expunged records show up on a background check?

Unfortunately, when a criminal record is expunged it doesn’t just magically disappear like it should. … For example, if the county hasn’t deleted an expunged record of your potential candidate yet, it will show up in the background check report for that individual.

Can u become a police officer with a felony?

The simple answer to this question is that a felon cannot become a police officer. … Despite your desire to join as a police officer, a felony conviction will put this out of reach. In addition to being convicted of a felony, anyone who has a dishonorable discharge from the military, or a conviction of domestic battery.

How long does it take for the FBI to expunge your record?

90 to 120 daysHow long does a California Expungement take? Generally speaking, you can count on your expungement taking in the neighborhood of 90 to 120 days, but certain courts or older cases can take longer. Several factors impact the length of time an expungement takes to go through the court system.

How do I get my FBI record expunged?

To expunge private confidential law enforcement and FBI arrest records you or your lawyer need to file a special request with the FBI after the Court expunges the case.