Expunged Record

[I'mJustCurious]

Not sure if I'm positing on the right thread but I was hoping for a little help from you guys. Do you know if there are states that do not license someone with an expunged record? Also would residency even accept anyone with an expunged records?

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[NotAProgDirector]

It all depends upon what was expunged. If it's an arrest only, that's a non issue. If you actually have a conviction that is expunged, you should disclose it as the background checks done by residencies, especially those with a VA, can find old issues like this. In the end, if your conviction is expunged it's probably worse to leave it out and then have to deal with addressing the omission than to just disclose it in the first place.

 

[I'mJustCurious]

It all depends upon what was expunged. If it's an arrest only, that's a non issue. If you actually have a conviction that is expunged, you should disclose it as the background checks done by residencies, especially those with a VA, can find old issues like this. In the end, if your conviction is expunged it's probably worse to leave it out and then have to deal with addressing the omission than to just disclose it in the first place.

I was not planning on hiding it at all. I just want to make sure it was still possible to be licensed because I didn't want years of hard work to go through the window.

 

[37Base]

If your record was expunged, you treat it as if it never happened. Expungement essentially means your record is sealed and neither federal nor state entities are allowed access to that specific file.

The only exception is if you're applying for public office or some sort of high clearance security job (FBI, department of justice, etc) then I believe they will specifically ask whether you've ever had something 'expunged.' I don't know how it affects your chance of getting those jobs. Otherwise you're in the clear.

 

[Crayola227]

check with a lawyer

I know a teen who was arrested for something petty like shoplifting, and when the state expunged it, they made it clear that they were legally entitled to answer even questions "have you ever had a record expunged" as no, which seems counterintuitive as that is not true from a common sense standpoint, but effectively the "expungement" would not really be an expungement if you were legally compelled to have to disclose it!!! so to uphold the legal intent of what an expungement is supposed to be, you were allowed to say no, and the state also made it clear that employers should they become aware of the expungement were not to take negative action against you for both the expunged record or denying ever having had such a record

now, things vary state to state, I would definitely check with a lawyer, the courthouse where the record was, and do a background check on yourself before not mentioning any expunged records

my example is specific as it involves a juvenile record, so like I said, I would look into it

 

[DokterMom]

Imagine a 'Top Secret' government paper document where portions have been either redacted or deleted altogether.

Having a criminal record expunged is like having portions of the document redacted. The information is still out there somewhere and certain people in certain circumstances can access it. Other people can just see that a document exists, but not the redacted portions. And others won't know the document exists at all.

If you want to appear trustworthy and actually be a truthful person, your best bet -- if asked directly and specifically -- is to admit that the 'document' exists and provide a brief summary of the contents of the redacted information. Expungements happen for a number of reasons but the general purpose is to make sure a one-time minor event or dubious charge doesn't ruin your life.

 

[Crayola227]

yeah, I dunno, this teen's record was expunged and it's all gone, apparently including the record of expungement, it's never come up on any checks and they just answer no to anything related to it, including questions about expunged records

I don't see a moral issue with people doing that if it's kosher by law, having to always mention your expunged record especially in the most important turning point dealings of your life defeats the purpose besides being massively unfair

and if the law says that someone has the right to deny having an expunged record, than who is anyone to demand you give up your legal right just so they can **** you more easily and give you a hard time about it?

I agree if it's going to come out better to claim it first, but don't ever give up more sensitive info than you have to

 

[I'mJustCurious]

yeah, I dunno, this teen's record was expunged and it's all gone, apparently including the record of expungement, it's never come up on any checks and they just answer no to anything related to it, including questions about expunged records

I don't see a moral issue with people doing that if it's kosher by law, having to always mention your expunged record especially in the most important turning point dealings of your life defeats the purpose besides being massively unfair

and if the law says that someone has the right to deny having an expunged record, than who is anyone to demand you give up your legal right just so they can **** you more easily and give you a hard time about it?

I agree if it's going to come out better to claim it first, but don't ever give up more sensitive info than you have to

Thanks I will definitely ask a lawyer.
It's weird because when I was applying to volunteer at a hospital the lady who was in charge of it saw that I checked off that I was arrested. She then later told me that the background check came clean which then I went to ask my lawyer about it. He said he doesnt really know if the record is even there or not, which is confusing because I thought it was his job to know officially what is on my case or not. Went to talk to someone in court and they said that the case is still on my record though. Once again I will go find out more about it and ask my lawyer.

 

[TeddyBoomBoom]

If your record was expunged, you treat it as if it never happened. Expungement essentially means your record is sealed and neither federal nor state entities are allowed access to that specific file.

The only exception is if you're applying for public office or some sort of high clearance security job (FBI, department of justice, etc) then I believe they will specifically ask whether you've ever had something 'expunged.' I don't know how it affects your chance of getting those jobs. Otherwise you're in the clear.

Hey, just for the record, that is incorrect. State medical liscencing boards do closed-record checks and will 100% see expunged records. You're right in that a garden variety background check won't show them, but medical liscencing boards will.

Plus as a physician you will need a DEA number. That check will also show up expunged records.

However, as long the individual is honest ahead of time, it will likely be fine.

 

[37Base]

Hey, just for the record, that is incorrect. State medical liscencing boards do closed-record checks and will 100% see expunged records. You're right in that a garden variety background check won't show them, but medical liscencing boards will.

Plus as a physician you will need a DEA number. That check will also show up expunged records.

However, as long the individual is honest ahead of time, it will likely be fine.

Yeah you're right. I read up a little more on it and it appears that most professional licensing boards are able to view expungement. But this would be after you're done with residency I would presume? ERAS asks for convictions which the OP would answer 'no' to.

 

[Crayola227]

maybe it depends on the expungment.....

my friend had that juvy thing expunged, answered no on med school and licensing apps, but maybe it didn't come up because of how well expunged it was which can vary state to state, the fact it was a juvy thing, how well the med school and med board in particular were able to look this up, and perhaps they did see the no'son the apps and the expungement and it made no difference/was not treated as dishonesty for the legal reasons I stated earlier relating to how that state handles expunged records and your right to answer those questions no