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  • Dui And Expungment

    Hello:

    Question: If you get a DUI expunged does that mean that all records or evidence of this incident are destroyed and gone forever? Can anyone gain access to this in doing a criminal background check?

    If anyone can help, please do so.

  • #2
    Where I live, certain criminal records can be sealed from the public; but law enforcement agencies and courts can easily access that information. You'll have to check with your court.

    Comment


    • #3
      I agree with GB0610, the best possible thing is to be HONEST because that is what the BI is about. Of course there are Automatic Disqualifiers and other disqualifiers such as being dishonest during your background. Agencies understand that their applicants are not "Holy Men", we are all human and make mistakes just so long as there is no pattern to the mistakes we make.

      What are you going for a Federal, State or Local employment?

      Either way dude just be honest, DUI in any of the above cases a DUI is not a disqualifier unless you are dishonest or try to conceal it.
      "No battle plan survives contact with the enemy"

      Helmuth Karl Bernhard Graf von Moltke
      German Generalfieldmarshall

      Comment


      • #4
        Originally posted by Up_On_Base
        The only people w/ access to that info is LE, therefore for a non LE jobs you can respond "never been arrested" but for LE just put it down and tell the truth.

        Also - In most cases you won't get jammed up for DUI, having good credit is more important. DUI is one bad mistake...bad credit is a series of bad mistakes.
        a d.u.i. is one mistake, true. but, remember, background investigators are looking for patterns of poor decision making. what are the chances of someone getting a d.u.i. and it being the first and ONLY time they have driven drunk? i dont know about at the local level, but this is a killer for federal agencies that conduct polygraph examinations. i wont disclose anything specific, but i think you know what i am saying. poor behavior patterns are important in the hiring process. my .02

        Comment


        • #5
          Originally posted by wiseowl View Post
          Hello:

          Question: If you get a DUI expunged does that mean that all records or evidence of this incident are destroyed and gone forever? Can anyone gain access to this in doing a criminal background check?

          If anyone can help, please do so.
          Short answer: No.(To the first part of your question) Let's deal with a Law Enforcement Background Investigation first. In this investigation simply be aware that there is no such a thing as an expungement. LE Background Investigators typically and routinely access records which have been expunged. A past DUI or any arrest will have to be disclosed. Disclosure is required regardless of whether or not the arrest resulted in a conviction, or other disposition. Instances where an expungement can be of value relate to private sector employment, and applications for employment in that sector. An expungement will be of absolutely no value to you in a LE application.

          Comment


          • #6
            Originally posted by PhilipCal View Post
            Short answer: No.(To the first part of your question) Let's deal with a Law Enforcement Background Investigation first. In this investigation simply be aware that there is no such a thing as an expungement. LE Background Investigators typically and routinely access records which have been expunged. A past DUI or any arrest will have to be disclosed. Disclosure is required regardless of whether or not the arrest resulted in a conviction, or other disposition. Instances where an expungement can be of value relate to private sector employment, and applications for employment in that sector. An expungement will be of absolutely no value to you in a LE application.

            Definitely True, I am detailed to the Recruiting Division of a Federal LE Agency, an applicant listed never arrested for the answer to one of his questions on his SF86. Apparently, he over looked the fact expungement does not apply to LE background investigators, we can get access to that information through criminal abstracts. Because of his deceitful act, he was removed from the process, and barred from re-applying. It pays to just be up front and tell the truth.

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            • #7
              u can forget about a le job which seeks highly qualified applicants or always has a large pool of applicants, if u have a 'any' dui, dwi charge, expunged or not. you are a liability to them , remember

              Comment


              • #8
                Originally posted by Up_On_Base
                In most cases if the hiring agency has a large pool of qualified applicants they will go w/ the person w/o prior DUI. Yes DUI is very serious, I actually lost 3 friends in seperates cases due to DUI but I would guess that a large % of current LE have had a few too many and drove their car.

                With new lower limits even having a couple of drinks at "choir practice" can get you locked up for DUI.

                NYC does it right, if you get a DUI they confiscate the car. If you make the punishment for DUI very harsh it would cut down on the amount of people drinking/driving.
                im just as guilty as the next guy. LUCKILY, i was fortunate to not be on the wrong end of a d.u.i., but when a took a polygraph for a federal agency, they did not take it so lightly that i answered yes, i have driven after having too many. the fact that many, if not most, of us have, didnt go over very well.

                Comment


                • #9
                  An Attorney is the way to check expungements PRIOR to applications for LE.

                  Comment


                  • #10
                    DUI or CREDIT

                    Originally posted by Up_On_Base
                    The only people w/ access to that info is LE, therefore for a non LE jobs you can respond "never been arrested" but for LE just put it down and tell the truth.

                    Also - In most cases you won't get jammed up for DUI, having good credit is more important. DUI is one bad mistake...bad credit is a series of bad mistakes.
                    Never seen anyone charged with Manslaughter for having BAD Credit.

                    However loads of debt in collections and Bankrupcty will keep you on the unemployment line.
                    "No battle plan survives contact with the enemy"

                    Helmuth Karl Bernhard Graf von Moltke
                    German Generalfieldmarshall

                    Comment


                    • #11
                      To be Ex or not to be Ex

                      Close relative was convicted of several felonies, refused Pre-Trial Intervention, served his time (over 6 months) on work release in county jail.
                      Parolled, went back to community college at night.
                      Graduated with AA, then local Univ at night.
                      Graduated with BA. This took about 6 years since he worked days.
                      His Brother was Attorney (free legal work is nice) and filed for Expungement. Local authorities/arresting officer contested the filings.
                      Lost first time thru, Brother kept filing as time allowed.
                      Finally WON, records expunged.
                      Various filings were made to check that all LE agencies, BOTH state and federal had destroyed both files and fingerprint records.
                      Took about 2 years for all this to happen.
                      He then took law boards, applied to law school, accepted, went nights for about 4 years.
                      Graduated with his JD.
                      Now works Attorney, in house, for a large company that is state regulated, also teaches some law courses at his law school and also abroad.
                      Answers; NO, to any question about arrests.

                      It took a long time but he is a practicing Attorney, Member of the State Bar, with NO LE records at any level. No files, no fingerprints, no ID number ANYWHERE.

                      How many of these are out there is anyone's guess, but this is actual.

                      Comment


                      • #12
                        To answer other posts;

                        1. Filing Bankrupcy eliminates all debt collections and all debt that you list on Schedule 7.

                        2. DWI is NOT a criminal offense in some States. It is a quasi-criminal offense under Motor Vehicle statutes. You are NOT fingerprinted, nor are mug shots taken. You do not get a Federal ID number (forget the actual term) and the quasi-arrest is handled with motor vehicle summones.
                        This is a State matter and each state is different, but the quasi-arrest is expungable in some States.
                        As I stated previously check/hire an experienced Attorney that specializes in that field.
                        (No I am not an Attorney drumming up business, just someone that has seen family members that were in need of one. Good ones are worth every penny.)

                        Comment


                        • #13
                          here is the bottom line: if you have been arrested, answer as such on you application!! you will be rejected from the process by either "failure to disclose" when they eventually find out about the expungement/arrest or you will fail the polygraph. its simple. disclose it or you wont work in law enforcement!

                          Comment


                          • #14
                            always tell the truth.
                            "The only thing necessary for the triumph of evil is for good men to do nothing." Edmund Burke

                            Comment


                            • #15
                              Originally posted by BigWill2876 View Post
                              Close relative was convicted of several felonies, refused Pre-Trial Intervention, served his time (over 6 months) on work release in county jail.
                              Parolled, went back to community college at night.
                              Graduated with AA, then local Univ at night.
                              Graduated with BA. This took about 6 years since he worked days.
                              His Brother was Attorney (free legal work is nice) and filed for Expungement. Local authorities/arresting officer contested the filings.
                              Lost first time thru, Brother kept filing as time allowed.
                              Finally WON, records expunged.
                              Various filings were made to check that all LE agencies, BOTH state and federal had destroyed both files and fingerprint records.
                              Took about 2 years for all this to happen.
                              He then took law boards, applied to law school, accepted, went nights for about 4 years.
                              Graduated with his JD.
                              Now works Attorney, in house, for a large company that is state regulated, also teaches some law courses at his law school and also abroad.
                              Answers; NO, to any question about arrests.

                              It took a long time but he is a practicing Attorney, Member of the State Bar, with NO LE records at any level. No files, no fingerprints, no ID number ANYWHERE.

                              How many of these are out there is anyone's guess, but this is actual.
                              I would say it is safe to assume your close relative has never had to take a polygraph examination for his positions. Many of the people on this message board will eventually have to take a polygraph for the position(s) they are applying for. So if they were to follow your advice and answer NO to any questions about arrests because of expungement, how do you think they will fare when the polygrapher poses the question, "Have you ever been arrested for any crime?"?

                              Always tell the truth when applying for LE jobs.

                              Comment

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