Quoted: Disclose?

[NotAProgDirector]

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I had a misdemeanor retail arrest in 2008 which I was charged but never convicted. The records have been expunged (in IL). I am now applying for jobs (in MO and Ga) and all the recruiter prelim questionnaire I am getting ask "Have you been charged with or convicted of any act in violation of law or ordinance (including driving while under the influence of alcohol or any other substance) other than traffic offenses?" Do I have to say Y? And if so, what is the point of expunging if you have to disclose? Also, I have to answer this even before I interview and take/reject the job. Does any one have experience with this? I am afraid it will prevent me from getting a job!!! NEEP HELP PLEASE.
Thanks

In general, the best thing to do is disclose. Look at it this way: if someone is not going to give you a job over this, they will dump you when they find out. Better to find that out early in the process. More importantly, when they find it on your background check (and it's likely they will), it will look like you're being untruthful and THAT will bring your application to a halt.

What is the point of getting your record expunged? For people who plan to work in lower level jobs, expunging your records allows you to be hired, especially in that state, as it essentially "erases" your legal problems. But, when you get to a higher professional level like medical priviliging and licensing, expungement will likely not prevent your records from being released. You're held to a higher standard.

Honestly, tell the truth and I doubt anyone will care.

 

[brodaiga]

In general, the best thing to do is disclose. Look at it this way: if someone is not going to give you a job over this, they will dump you when they find out. Better to find that out early in the process. More importantly, when they find it on your background check (and it's likely they will), it will look like you're being untruthful and THAT will bring your application to a halt.

What is the point of getting your record expunged? For people who plan to work in lower level jobs, expunging your records allows you to be hired, especially in that state, as it essentially "erases" your legal problems. But, when you get to a higher professional level like medical priviliging and licensing, expungement will likely not prevent your records from being released. You're held to a higher standard.

Honestly, tell the truth and I doubt anyone will care.

being expunged means you can legally answer no if asked about convictions, since you were no and it was expunged. If asked if you were charged, you have to answer yes. However, aprogdirector is wrong, if it has been expunged it will not show up **in most cases** in background checks even higher security ones like the fbi database. Now, if the record was sealed and not expunged it will show up on more extensive checks (like fbi), but if expunged no, there is a difference in legalese here. Don't feel like going into this further.

 

[Doodledog]

The topic of expunging of records comes up constantly on various SDN forums. No two folks, including those who have been through this agree on what exactly it means. The best answers I've seen are "it varies by state and circumstance" and my personal favorite "ask your lawyer".

Lawyers are cheap compared to ruined careers. Find out what it means in the state you are applying to and then do what your trusted lawyer recommends.

 

[neurodoc]

The topic of expunging of records comes up constantly on various SDN forums. No two folks, including those who have been through this agree on what exactly it means. The best answers I've seen are "it varies by state and circumstance" and my personal favorite "ask your lawyer".

Lawyers are cheap compared to ruined careers. Find out what it means in the state you are applying to and then do what your trusted lawyer recommends.

I am not a lawyer. I'm a physician who has worked for two decades in a law enforcement agency, and I'm familiar with the US criminal records system. "Expunged" arrest and conviction records (along with "Sealed" records, mostly Juvenile) are never truly epunged or sealed. They remain in criminal databases and can be seen by law enforcement agencies (though it's true that they are generally hidden from most public searches). I don't know if most private non-LE employers would be able to access this info. "Ask your lawyer" is a good idea, but I can tell you that I have been involved in the credentialing of folks who had records that their lawyers "advised" them not to disclose. This generally created more problems than it solved for the applicants.🙁