Scroll down for more information about who can see your closed or expunged criminal records.
You can file a petition for expungement yourself, but you will have a much better chance of success if you hire an experienced criminal defense attorney to file the petition and appear in court with you for the expungement hearing. Before you can file a petition for expungement, you must have a clean record with no pending charges for 3 years for misdemeanors or 7 years for felonies after completing probation and all other court-ordered requirements.
Under the old expungement law, the waiting period was 10 years for misdemeanors and 20 years for felonies. Among other things, you must 1 file your petition in the court where you were charged, 2 submit proof of fingerprinting, and 3 name all entities in the petition that you believe possess the records that you are trying to expunge.gelatocottage.sg/includes/2020-08-03/3888.php
How Can a Misdemeanor Charge Affect Employment?
Victims of your crimes can testify at your hearing on the petition for expungement. On a positive note, the new expungement law creates a rebuttable presumption that a petition for expungement should be granted if you meet all the criteria. If the judge grants your request for expungement of an old arrest or conviction, the records will be closed to the public, but they will not be destroyed.
Prosecuting attorneys and judges will be able to see that you had a prior arrest or criminal conviction, even if you are successful in getting those records expunged. So, for example, if you are convicted of marijuana possession and you get that conviction expunged, but then you get caught with marijuana a second time, the Prosecuting Attorney will see that you have a prior conviction and may not be as lenient in offering a plea bargain deal as they would if you were a first-time offender. In addition, law enforcement officials can see your prior criminal convictions even if you got them expunged and can refuse to grant a permit to purchase or possess a gun based on those closed records.
With that said, the question of whether a dismissed case will show up on a background check is a tricky one.
What is a Misdemeanor and How Long Do Misdemeanors Stay on Your Record?
In most cases, dismissals and not guilty verdicts will show on your criminal record. Cases that go as far as a charge or a criminal trial are different than cases involving arrests that never lead anywhere. There is no similar law or trend for dismissals. Among the most stigmatized job applicants—including welfare recipients, the short-term unemployed, individuals with only short-term and part-time work histories—applicants with criminal histories were the least likely to be hired.
Ban-the-box laws prohibit employers from asking applicants about criminal history on an initial job application.
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However, some go further, requiring employers to wait until after they have conducted an interview or made a conditional offer of employment before asking about criminal history. Criminal history background checks are an integral part of the hiring process and help protect companies and their employees. If you have an outstanding warrant for a misdemeanor or felony, that means you could be arrested for the crime at any time.
A warrant can complicate your life in countless ways. If you are searching for a job, it may or may not cause an employer to decide not to hire you. Many, but not all, employers conduct pre-employment background checks.
If an employer conducts a thorough background check, a warrant will most likely come to light. For many employers, the type of crime you are charged with will be key to the decision on whether to offer you a job.
If the job would require driving and you have an outstanding warrant for driving under the influence of alcohol or drugs, an employer would almost certainly not hire you. If a supervisor knew about the warrant and offered you the job, and then you caused an accident that damaged one or more vehicles or injured other people, the company could face a wrongful hiring lawsuit.
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If you were hired and abused someone on the job, the employer could be sued. If you have an outstanding warrant for a minor crime, such as petty theft, and the job you are seeking would not give you access to money or credit cards, an employer might be willing to give you a chance.
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A supervisor might take the view that you are innocent until proven guilty or might think that you would be unable to commit such a crime in the position you applied for and would not pose a risk to the company. If you have an active warrant out for your arrest, hire a lawyer and post bail if required. When you fill out a job application or go for an interview, answer all questions honestly.
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An employer may be willing to hire you with an outstanding warrant, but you will automatically be rejected for a job if you get caught in a lie. If you are an employer, you need to make informed decisions to protect the safety and interests of your business and customers. Depending on the nature of the alleged crime, a warrant may or may not be a reason not to hire a job applicant. DataCheck can conduct thorough background checks to provide you with all the relevant facts you need to make hiring decisions with confidence.
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