expunged arrest record available to law enforcement?

This is a discussion on expunged arrest record available to law enforcement? within the Law Enforcement, Military & Homeland Security Discussion forums, part of the Related Topics category; I have this question for the law enforcement officers here I'm in the process of having my arrest record expunged as I type this but ...

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Thread: expunged arrest record available to law enforcement?

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    Senior Member Array 1911luver's Avatar
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    expunged arrest record available to law enforcement?

    I have this question for the law enforcement officers here I'm in the process of having my arrest record expunged as I type this but was wondering this very thing. I plan to ask my attorney this but was looking for an answer straight from the LEO's here. So if once my record is expunged is it available to law enforcement say at a traffic stop,or if my name is ran through dispatch? I'm a good man who was caught in a bad situation,I didn't commit the crime I was accused of and just don't want any LEO's I encounter to think I'm a scum bag or anything.

    That being said my attorney tells me the once the expunement is granted by the judge.,the orders will be sent to the local,county and state law enforcement. They then in turn forward a copy of the order to the FBI which I'm assuming this is NCIC as well? Now I realize nothing ever totally go away and that under very limited circumstances only with a court order my arrest record can still be seen. So to the LEO's here have you ever run across this,and if so was a person's "expunged" record able to be seen?
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    I'm not a cop, but I've done lots of hiring. Some apps might ask if you've ever had a record expunged...note: another part of the app that states, "Answering any question falsely may be grounds for immediate dismissal." You be the judge, but from my viewpoint the company might not know what you did, but not informing them of the expungement could get you fired. I'm just sayin'...
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    Senior Member Array dripster's Avatar
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    Expungement will not show up on a criminal background check. I Just asked my admin lieutenant.
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    Array SIXTO's Avatar
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    Its there if you know where and how to look. But, if its eligible for expungment, its really a non issue anyway
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    VIP Member Array Hiram25's Avatar
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    I doubt that you will get anything of a serious felony nature expunged!

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    VIP Member Array dukalmighty's Avatar
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    The expungement won't show up but the arrest will,for employment purposes the arrest won't show up eitherIIRC,but for inquiries as to CHL or additional arrests it will show upas your being arrested.
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    Member Array Bandolero's Avatar
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    If you ever go for a security clearance with the federal government the questions on the SF-86 will be very specific and well crafted about your police record. Expungement will not cover those questions (although lapse of time may for several).

    See section 22:

    http://www.opm.gov/Forms/pdf_fill/sf86.pdf

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    Member Array chickdiver's Avatar
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    I note that the OP is in Florida, and that changes things a bit. You need to check with your attorney. If your expungement was done before a certain date it is more "expunged" than afterwards in FL. Also, depending upon the type of position or license you are applying for in FL, an expungement may show up. This particularly applies to jobs in school systems and state licenses like a General Contractor license. To find out exactly how this applies to your situation you should consult your attorney.

    http://www.fdle.state.fl.us/Content/...nged-Info.aspx
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    VIP Member Array paramedic70002's Avatar
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    Good question.

    In a similar vein I had a couple misdemeanors 'deferred adjudication" by the judge. Basically stay out of trouble for 2 years and the charge goes away forever. But the court was still carrying the "adjudicated" notification the last time I checked, and the clerk was pretty nasty about the whole thing when I tried to tell her it shouldn't be there.
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    Senior Member Array JohnLeVick's Avatar
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    Not sure about FL, but here in TX, there are two types of expunctions: Expunctions of records, and expunctions of convictions. To expunge a conviction, one must prove innocence of the original charge. As you might imagine, that's rare indeed, though I've seen it done. To expunge records, assuming there was no conviction, there is a different process, and the trick is managing to get them expunged everywhere they exist. For instance, if you're arrested in Travis County, but live in Lubbock County, there is a fair chance that records of the arrest exist both places, while many would assume that expunging records in the county of arrest would be sufficient. In theory, expunged records do not appear at all in a background check; in practice, maybe, maybe not. The answer is, as is true of so many legal questions, "It depends." (My kids got really tired of that answer, from way back when I was in law school.)

    One other thing: Someone mentioned deferred adjudications. While the charge may "go away" for most purposes, records of the arrest, guilty/nolo plea, etc., do not, unless they are expunged.

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    VIP Member Array mlr1m's Avatar
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    Now days with computers you can pretty much figure there is a copy somewhere.

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    Senior Member Array sheepdog's Avatar
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    n a similar vein I had a couple misdemeanors 'deferred adjudication" by the judge. Basically stay out of trouble for 2 years and the charge goes away forever. But the court was still carrying the "adjudicated" notification the last time I checked, and the clerk was pretty nasty about the whole thing when I tried to tell her it shouldn't be there.
    Expungement and the results of deferred are two different animals. If you want to get rid of all references to the ARREST, not just a conviction, I'd contact an attorney about expungement. The charge doesn't really go away, but it essentially as treated as a not guilty finding...which means the ARREST info is still there.
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