The key benefit of expunctions and non-disclosures is that it removes your arrest or conviction from as many eyes as possible. However, there are a few places in the country that will still have this information available to a set list of agencies. Expungement laws vary by state, so keep note if you live in one of the following:
California: In California, an expunction is actually a dismissal. This means that law enforcement agencies in this state can continue to see the court records and share them with other agencies. Though law enforcement officials may still be able to see your record, regular civilians can’t—and anyone who unlawfully releases your sealed record can be hit with a $500-$2,500 penalty.
Mississippi: If you’ve had an expunction for a conviction in Mississippi, you still legally have to disclose the conviction when applying for a job in law enforcement or the military. This is also true when applying for professional licenses.
Nevada: The Nevada Gaming Commission can see expunged and sealed records, but only if they get a court order and only if the record is related to gaming. The Nevada Gaming Control Board can also see work applicant’s sealed records if the hidden offense is related to gaming. Sealed records in this state can be unsealed if the individual is arrested for another offense.
North Carolina: In North Carolina, it will be hidden from the public, but judges, prosecutors, and law enforcement agencies can still see your criminal record after an expunction. This also means that if you’re arrested for a subsequent offense, the court can consider your expunged offenses during trial.
Utah: Law enforcement agencies and federal authorities can access expunged records in Utah. In addition, state professional licensing agencies can access your records. The Bureau of Criminal Identification will see your expunged records if you apply for a concealed carry permit.
Note that no matter what state you’re in, even if you’ve had a record sealed, the FBI can still see it—this is because the FBI is a federal agency and therefore usually does not follow a state court’s order. But what’s important about expunctions is that they allow you to move forward with your life by hiding the incident from those who matter most—like landlords who decide whether or not to rent you a space, employers who are likely to consider an arrest when deciding if they should hire you, and nosy neighbors and friends who want to dig up dirt.
If you’re considering an expunction, the first step is determining what’s on your background check to begin with. Sign up for a free background report from Easy Expunctions and we can figure out your eligibility and your options to get the ball rolling on a better and brighter future.
