when they say it will be exsponged off your record what does that mean?

[tiger88]

had a friend get a drinkin in public ticket and they sent her to court and she signed that if she completed the alcohol classes and doesnt get another charge for 1 year the misdomenor will be off her record and it will look like she just got arrested...


i am asking for her is it 100% exspongrd off your record after she both completes the alochol class and 1 year of probation,,,


or is there still a paper trail???





PS rick thanks for the great response on the email i sent ya

 

[manny78]

Depends where, but here there's always a trail unless you get a Free pardon (unlike a conditionnal pardon).

 

[slugfast6868]

it means it never happened, so technically you can answer that you have never been arrested, unless the question regards whether you have ever had anything expunged before... then it is up for you, I would bump for Rick Collins. I know my lawyer said you could just answer any arrest questions asking if you've been arrested as "No", because your record is clean and "nothing has ever happened", but if you are applying for the Bar or for Law School, they ask if you have had anything ever expunged.

 

[Rick Collins]

The specifics of expungement statutes vary by state. New York, for example, has NO expungement statute at this time. However, if a case is Adjourned in Contemplation of Dismissal ("ACOD" or "ACD") under Article 170 of the CPL, the arrest is deemed a "nullity" (the person can say they were never arrested).

 

[slugfast6868]

So Rick, would you get in trouble on an application saying you have never had anything expunged, because I would assume there is no paper trails to say the arrest ever happened, and therefore nothing to link you to the crime? I know for ethical issues you have to disclose it if you want to goto law school, but how bout a normal application that would ask that question, can they tell if you have had an expungement?

 

[nycdefender]

So Rick, would you get in trouble on an application saying you have never had anything expunged, because I would assume there is no paper trails to say the arrest ever happened, and therefore nothing to link you to the crime? I know for ethical issues you have to disclose it if you want to goto law school, but how bout a normal application that would ask that question, can they tell if you have had an expungement?

Since we do not know what specific expungement law about which tiger 88 is speaking, we can't be sure that there is "paper trail." Again, taking New York for example, under C.P.L. sec. 160.50, you can have cases that were "terminated in your favor" sealed but not expunged. What happens, however, is that the sealed arrest is removed from your rap sheet (document indicating prior criminal history), and that is the document that is sent to most employers. But the Department of Criminal Justice Services still has a computer entry. If you apply for a gun license or a law enforcement job, the sealed information will be reported when your rap sheet is generated.

Just because the case is sealed does not mean that an employer cannot find out about your sealed arrests. This summer, New York City attorneys were shocked to discover that the Office of Court Administration sold information about sealed arrests on pleas to violations (non-criminal offenses). See Daily News, July 21, 2003. It became clear from C.P.L. sec. 160.55 that court records of pleas to violations were not under the sealing ambit of the statute. So employers could go to the courthouse and find out if you had been convicted of disorderly conduct, for example.

In short, you must know the specific "expungement" statute of your state to know whether any paper trail could exist.

 

[MicSherry]

Like somone said it really depends on who is asking. Their is always a trail!! If the govenment is checking on you they will see it! If the F.B.I Is conducting a simple search EVERYTHING shows up even your Juvinile record which is supposedly"completly wiped out the day you turn 18" Everyone who joins a branch of the U.S. Military, they run an F.B.I database search. MIke