legal question?

Question

once paperwork has been done for an expungement, can a business or company still hold the charges against you that saw the charges as being dismissed before the expungement
was completed?

Answer 1

If a charge is expunged then a business has no right to hold it against you; in fact, if they were holding a not-guilty verdict against you then there is a chance you could sue.

Answer 2

All the time.

Legally once an event is expunged then it is supposed to be gone, but once the deed is known and if it is bad enough then it will never be forgotten and it will always be held against you.

When a child becomes an adult then their juvenile record will be sealed. But, the fact that they have one is still known by the police, and that simple fact becomes one that helps prove that a person could be guilty.

You see it on TV law shows often. The lawyers fight in chambers to get evidence disallowed. They don't wan the jury to see it because if the jury does then it will prejudice their opinions against the case. Once the evidence is admitted and once the jury sees it then that is that. The judge can order the jury to ignore it, but a reasonable person would have a hard time doing that.

Once the bad deed is done and is known then it will always be held against you by those that know of it. Even it is expunged from the record it will still be a factor. And remember that with records impingement doesn't always mean TOTAL erasure. There will probably always be a record of the event somewhere and when that record exits it can be accessed and when that happens it can be held against you. Even if accessing it is illegal, even if it should be ignored, once a reasonable person finds out about the deed they can't ignore it.

Answer 3

Sure, why not? Expungement is common even when someone was dead guilty of the crime. But they completed their sentence, completed probation, and showed the court that they were rehabilitated. This happens frequently with young offenders.

But just because you were forgiven by the justice system doesn't mean everyone has to forgive and forget. You are free to explain the circumstances to them if you want and hope to get the job or whatever it is you are looking for. But it is not illegal in the US to discriminate on the basis of past criminal behavior, even it was expunged.