AFAIK, expungement or sealing of records keeps info on said crime(s) secret from the public. Also, I understand that the record of the crime didn’t just go away, if it was needed by, say, the F.B.I., they could dig it up.
If one had an offense expunged, could a cop tell it was there if they got pulled over? Do cops even do that sort of thing (aside from checking for warrants obviously)?
A company’s application form has a “have you ever committed a crime” check box on it. If the applicant had only had 1 incident on their record and it was expunged, would they be guilty of a crime if they answered no? If so, what good is it to have an expunged record? Are there crimes that are not expungable? Felonies?
Expungement is the sealing of a criminal record so it is not publicly available. From what I understand, if you have a conviction expunged it is as though you have no record of that crime at all. HOWEVER, there is still the paper trail of the incident that will always follow you. The key word in the definition is it is not PUBLICLY available. However, everything is public now, so that is a hard one.
If your crime has been within the past ten years or so, it is always ‘googleable’. Hope this helps.
I may be off-base here, but I don’t believe it’s leagl for a job application form to contain that question. I think the question must be phrased: “Have you ever been convicted of a crime?” (bolding mine)
I know of people who have had felonies expunged and gotton conceled weapons permits. So no, I don’t beleive that they cops can look it up in thier “official” database that they make decisions on. But, if it was reported in the newspaper someone could find out about it in a google-like search. Also, I beleive that the court itself can look it up if need be, like in case someone accuses you of being a criminal and you decide to sue for defamantion of character.
I can only tell you about the system we have in our cars. The only things we can look up are in your DMV records. Points, suspensions and warrants from traffic violations. We also get NCIC messages if you are wanted on a national level. Criminal warrants must be looked up by our dispatchers. To get a criminal history report on someone there are very strict requirements. These things are monitored by the AG and the records are reviewed on a routine basis. The main reason I have used a criminal history check is to get bail. After an arrest it is legal to look to see if there are any priors. The judge can use this information to make the bail higher or lower. At that point the printout is shredded and not kept with the case paperwork since it does not pertain directly to the case. YMMV.