After a record is expunged mustI disclose that I was ever charged/convicted?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
After a record is expunged mustI disclose that I was ever charged/convicted?
I am 20 years old from NJ and attend school in RI. I was arrested and charged in RI. “Destruction of Complaint” is on my file for next year. What does this mean? And, if my record is expunged, will it not show up on a background check? What about when applying for an ivy league school? Can I also say “no” to being charged/convicted for a misdemeanor/crime/arrest. I feel as though Destruction of Complaint is expungement but I want to be sure. Also, What is the difference between seal and expunge?
Asked on September 22, 2010 under Criminal Law, Rhode Island
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
To "expunge" a record means to erase it, although truly it is never erased from certain eyes, such as the US government. Sealed is just what it says: sealed which can be "unsealed" under certain circumstances. But both "hide" the matter from a potential inquiry like an employer's background check. Some states - such as New York - do not expunge conviction records. They only seal them. And in some states arrest records can be erased if there was no conviction following the arrest (dismissal or acquittal of an offense). As for how RI classifies this matter I would consult with an attorney there to be sure. And I would also run a background check on yourself to see what appears before and after you do whatever you need to to remove the matter from public view. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.