Expungement Lawyer: When Do You Need to Disclose Expunged Records?

Expungement offers a great opportunity for people with criminal convictions to start over with their lives. Through expungement, your past criminal records will be cleaned up, and the case legally dismissed. This gives you the chance to find gainful employment without the fear of being rejected or criticized due to any past record.

Technically speaking, companies are not allowed to discriminate against convicted persons when choosing candidates for a job, as doing so is a violation of Title VII of the Civil Rights Act. It is, however, common practice for many companies to perform background checks, and a past record may not exactly fit their idea of what an “ideal” employee is. While it is illegal to discriminate, it doesn’t really stop many employers from refusing job candidates with a past conviction. If you are going through a similar situation, get help from a criminal record expungement attorney right away.

In addition to giving you the right to claim that you have no criminal record, having your records expunged ensures that a background check will not reveal your past conviction, and therefore will not affect your chances of getting employed. You will be judged for your qualifications and knowledge, as should be the case.

It is, however, important to know that while an expungement legally dismisses your case, it doesn’t necessarily erase it. There are still certain occasions when you have to declare your past records. Here are some of those instances when you may need to declare expunged records:

  • State Licenses -State licenses,including teacher credentials, contractor licenses, law and medical licenses, require the disclosure of your expungements. Know which state license requires this, and which you can say “no” to. If you are uncertain, it would be best to ask an experienced expungement lawyer like those from The Chastaine Law Office in Sacramento.
  • Firearm Purchase & Permit – This doesn’t apply to all states or all criminal convictions, but just to be sure, carefully read through the permit application, and verify with a local lawyer before making a purchase.
  • Public Office – All elected office positions require you to disclose your expungements, to promote a transparent government.
  • Law Enforcement – Federal law enforcement agencies like the DEA, FBI, and Homeland Security reserve the right to look through expunged records. If you wish to join law-enforcement, be prepared to disclose your past records, because it will turn up in their investigations anyway.
  • School-Related Jobs – Expungement disclosure is required in most states when it comes to school and other children-related jobs for both the private and public sectors. Your civil rights, however, still protect you from being discriminated against when applying for these jobs.