Expunged ????

[TX50]

I have a mj charge from about 5 years ago. It has since been expunged. I have some other arrests that never went to court. Will these show up in the background check?

[DelC]

Unless they have been expunged they will show up.

[Perezi]

I would agree with Delc and add that these types of issues are very jurisdiction specific. Most states have specific statutes regarding these issues. Words like expunged, sealed, dismissed ect. can carry different meanings in different places. Find out what the law is in your jurisdiction and find out what the agency you are applying to is asking.

Even if something is expunged, sealed, dismissed ect., there is still probably a record of it somewhere. If the question is whether you were arrested and you think you can answer no because it has been "expunged" I would be careful.

I would also be very clear about what you mean and what the agency means by "not going to court." I have dealt with many a plaintiff/defendant who said it never went to court (meaning trial) because they plead guilty at arraignment. Since they never did time or it was "time served" they incorrectly believe the matter was dismissed.

Not saying your situation is the above, but be careful about what is being asked and what in fact has occurred.

[CaptRidley]

Also, did you mention any of this when you filled out the BI paper work? It sounds like you didn't as you wouldn't have to ask if it would show up. Whether it is outside of the time frame for a particular agency or not, if said investigator runs a criminal records check on you, it is going to show up, and he/she will have to check and see if said criminal acts fall within that departments time frame.

If they fall outside that time frame you are cool even if you did not mention this on the BI paper work, with the understanding that it was outside their time frame. However, if you are under the impression that since it did not go to court or such and such and did not report it as you figured it would not show up anyway, you may be in for a rude awakening.

Someone correct me if I'm wrong. Any arrest or even a notice to appear will show up in/on an NCIC check, as it now becomes an officer safety issue. For instance you may have done something and the cop only issued you a notice to appear. Two weeks later you get caught doing the same thing. The second cop would run your name via NCIC, and will get back info on you, but may or may not see that you received a notice to appear. If the cop that dealt with you the first time is on duty, he may private call him on the radio and talk about your case. He will go to his ticket book, as he will have specific notes so he can remember your specific case, for when he has to show up in court. He will then say I gave him a notice to appear because he did such and such, and well cop number two will say well damn, I just got him doing the same thing and will have to make a judgment call if he/she should issue you another notice to appear, or take you to jail as a repeat offender.

When in doubt write it out on the BI paper work. Better to appear as not trying to hide anything even if it is out dated, then to have the investigator try to figure out on his/her own if you are purposely trying to provide misleading information.

Out here!!!
Mike-D

[dmclark]

It has been my experience that the expungements will NOT appear on criminal records checks. This is especially the case in juvenile expungements and that includes NCIC.

However, that would not preclude the poly questions and the DQ for failure to disclose.

[TX50]

Thanks everyone for the input.

[DelC]

Originally posted by CaptRidley
. . . Someone correct me if I'm wrong. . . . a notice to appear will show up in/on an NCIC check, . . .
Wrong. To show up on NCIC, the minimum criteria is a court appearance. Traffic tickets and other tickets that are paid will show up when they are processed through the court system. Some jurisdictions enter all citations into there own local computer, even warning citations, but the info stays local.

[CaptRidley]

Originally posted by DelC
Wrong. To show up on NCIC, the minimum criteria is a court appearance. Traffic tickets and other tickets that are paid will show up when they are processed through the court system. Some jurisdictions enter all citations into there own local computer, even warning citations, but the info stays local.

Thanks for setting me straight.

What about a failure to appear, is that an automatic warrant?

Also, why doesn't NCIC pull up local info.

I remember when I was at FHP, we would run a plate or License via NCIC, but often the Trooper would request a local check, and we would have to move to another computer, a very outdated computer at that (looked like an old TELEX machine, you know the kind with only the green colored screen). I never did understand that.

[DelC]

Depends on the nature of the offense on failure to appear being an automatic warrant. Sometimes the case may just be continued, but usually a warrant is issued.

Why doesn't NCIC pull up local info? I really don't know the answer to that. Maybe they feel a lot of local info would just clog down the system. When NCIC first came into being, computers were larger than the family station wagon, with not much capacity. Today they could probably handle the extra info, but who knows.