If you have a criminal offense from years ago, that was expunged, can you legally say on a job application that you have never been arrested? What if they specifically ask if you have an expungment, and then ask what it was for? And, since expungement wipes an offense away, do they have the right to ask if you have had an expungement?
2006-07-16 06:48:38 · 8 answers · asked by persnickety1022 7 in Politics & Government ➔ Law & Ethics
I should add, that a few law officials have said, in the case of expungement, that a person can legally answer NO on a job application, when asked if they have ever been arrested or convicted of a crime.
2006-07-16 06:59:35 · update #1
Technically they can ask anything; whether or not they can hold it against you is another. If your record was expunged, then you don't have to put in on an application. That question is for public records information. It just saves them the time from looking it up. Most Co. do a background check anyway, and if it was expunged, it won't show up (shouldn't show up).
That question on an application goes to the character of the person applying. You'll have to check with your jurisdiction on the legality of exempting it though. they're might be som ordinance or statute that requires you to report all information regarding past criminal records on an application. So I'd check with a local law firm. Good luck
2006-07-16 06:57:53 · answer #1 · answered by Anonymous · 5⤊ 2⤋
It depends on if the record was expunged, or if you were granted a pardon.
An expungment does NOT wipe the crime away. It removes the record (or seals it) so that it cannot be accessed easily by the general public. You MUST still reveal it if you are applying for professional licenses, (.i.e. to practice law, medicine, etc) and in the case of a security clearance, you would be forced to reveal it. The reason is that those types of background checks will probably have it show up in their search. In some states, an expungement also will still count for the purpose of enhancing a sentence on a subsequent crime. DUI for example. You may have had a 1st offense DUI 10 years ago, and had it expunged. In many states, if you get a second one, it will still apply for the purposes of making the next DUI a 2nd offense.
A PARDON on the other hand, is different. It completely wipes out any negative results of a conviction. While the conviction remains, it restores any civil problems due to it, including (if applicable) the right to vote, hold public office, hold a professional license, etc. A pardon is a complete public forgiveness for the offense.
As to the appropriateness of an employer holding an expungement against you, you would need to check with a labor attorney in your state for your state's laws on the subject. The suggestion for your state department of labor is a good one. If you don't get help there, consult an attorney licensed in your state. Need an attorney? Consult your local or state bar association for a referral.
2006-07-16 10:42:02 · answer #2 · answered by Phil R 5 · 0⤊ 0⤋
The purpose of expungement is to make the record disappear and wipe the slate clean. Check your jurisidiction's law on the matter. It may expressly state that the beneficiary of the expungement may answer that it never happened. If you have an expungement order, read it and see what it says. It will probably order the relevant agencies to send all relevant records to the court for sealing, and to delete all computer records. The law will likely provide for penalties in the event of noncompliance. The court information on the expungement case should also be taken off the court system's database (at least the identifying information) so that the fact that the expungement happened will not come up in electronic public records searches.
2006-07-16 07:57:39 · answer #3 · answered by Faculty Rights Coalition 1 · 0⤊ 0⤋
Your record was expunged? Then you weren't convicted either chances are. Seldom are convictions, other than for minor drug charges, eligible for expungement. Are you being asked this because of a security clearance required for the job you are seeking? If National Agency check for security clearance, takes precedence over local court order of expungement and the record will be produced to employer by the FBI which seals but never destroys records for the above reason. Just tell the truth, can't be too bad or wouldn't have been expunged.
2006-07-16 09:08:34 · answer #4 · answered by frankie59 4 · 0⤊ 0⤋
I would contact your local dept of Labor to see what is legally required. It may be that when your recored is expunged, that you are within your rights to treat the offense as no longer on record, and can with clear concience answer that "no".
That way, if it ever comes back to bite you (a hiring company fires you for lying on an application) you will already have a good understanding of your legal rights.
2006-07-16 07:02:25 · answer #5 · answered by You'll Never Outfox the Fox 5 · 0⤊ 0⤋
If there was an offense and you are asked point plank if there was, the correct answer is yes. if you have been arrested, and asked if you were , the answer is yes. if there has been an expungment and you are asked about it, the answer is yes. As far as if an employer has the RIGHT to ask about it, contact the labor board. they can give the correct answer.
2006-07-16 06:54:43 · answer #6 · answered by Lisa J 3 · 0⤊ 0⤋
Check with your labour board.
I know in Ontario, Canada, you can never be asked about any criminal offences for which a pardon (same as expungement) was issued.
2006-07-16 09:24:24 · answer #7 · answered by Angela B 4 · 0⤊ 0⤋
You can say you haven't. Plus most companies only ask you to go back 10 years.
2006-07-16 06:53:45 · answer #8 · answered by BeachBum 7 · 0⤊ 0⤋