Expunged Records

[uponone23]

This seems to be the best forum to ask this.. I am in the process of entering the united states air force. I have an expunged record from an offense in 2002, as in I was never convicted and the record was expunged. Can they see this in the DD background check? I know none of my previous employers have been able to and my lawyer told me that I do not have to answer yes to the question of have you ever been convicted of a felony...

But we're dealing with the ***artment of defense here something tells me they have significantly better resources for such things than private companies do...

[deadlifts]

yes they can still find it. no regular empoloyer will ever be able to find it, but military and police will, it never truly goes away.

[kfrost06]

This seems to be the best forum to ask this.. I am in the process of entering the united states air force. I have an expunged record from an offense in 2002, as in I was never convicted and the record was expunged. Can they see this in the DD background check? I know none of my previous employers have been able to and my lawyer told me that I do not have to answer yes to the question of have you ever been convicted of a felony...

But we're dealing with the ***artment of defense here something tells me they have significantly better resources for such things than private companies do...

If it has been expunged they can not see it. They have to, ordered by a judge, destroy all records including your mug shot, finger prints, arrest report, etc. However, if the case drew the interest of the FBI they could keep a record of the "events" including all the aforementioned info. GL

[Dangerdan]

If it has been expunged they can not see it. They have to, ordered by a judge, destroy all records including your mug shot, finger prints, arrest report, etc. However, if the case drew the interest of the FBI they could keep a record of the "events" including all the aforementioned info. GL

This is wrong. I'm an attorney and I can find expunged records without too much trouble normally. Generally when a record is expunged, the file is pulled form the system. The hard file will not be destroyed and it can be found.

Fingerprints are not destroyed but kept on file. Mug shots, arrest reports, etc. will be pulled from computer files but hard files will still exits. If you didn't get convicted, it shouldn't be a problem to report that you were charged but not convicted. Innocent until proven guilty and all that nonsense.

[EDIT: if you're really climb up 500ft towers for a living, you are a lunatic. I'm scared to ride the damn faris wheel. . .]

[kfrost06]

This is wrong. I'm an attorney and I can find expunged records without too much trouble normally. Generally when a record is expunged, the file is pulled form the system. The hard file will not be destroyed and it can be found.

Fingerprints are not destroyed but kept on file. Mug shots, arrest reports, etc. will be pulled from computer files but hard files will still exits. If you didn't get convicted, it shouldn't be a problem to report that you were charged but not convicted. Innocent until proven guilty and all that nonsense.

[EDIT: if you're really climb up 500ft towers for a living, you are a lunatic. I'm scared to ride the damn faris wheel. . .]

It varies from state to state and even from jurisdiction to jurisdiction. In my case I was found not guilty and had all records destroyed including the previously mentioned hard copies. It was spelled out in the Judges order of expungement and all the angenies had to comply within an allotted time, 60 days, or be found in contempt.

After your post I did a quick research and in some state you can get an expungement even if you had been found guilty, just not getting in trouble for a peroid of time allows for an expungement, some states have an automatic expungement if the case is not prosecuted and it does appear that many if not most just pull the record from the "public records".