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  • Expunged record

    Good evening I would like to know if a expunged record can prevent a candidate from become a law enforcement officer of any type thanks to all and be safe!

  • #2
    Originally posted by Bigeh201 View Post
    Good evening I would like to know if a expunged record can prevent a candidate from become a law enforcement officer of any type thanks to all and be safe!
    This has been asked before.

    IMO it's a legal attempt at deception and doesn't look good. It won't prevent me from learning all the details of the "expunged" incident. But more than likely I wouldn't waste my time on it and move on to an applicant with nothing to hide.

    Sorry I've seen to many people with expungements and first offender BS commit new felonies and crimes.

    This is just my opinion.
    ​​​​​
    Good luck.

    Comment


    • #3
      Originally posted by westside popo View Post

      This has been asked before.

      IMO it's a legal attempt at deception and doesn't look good. It won't prevent me from learning all the details of the "expunged" incident. But more than likely I wouldn't waste my time on it and move on to an applicant with nothing to hide.

      Sorry I've seen to many people with expungements and first offender BS commit new felonies and crimes.

      This is just my opinion.
      ​​​​​
      Good luck.
      Thank you for your opinion sir I appreciate it but the question was asked with intentions of revealing my expunged record I agree 100% that there many people who go out and commit more crimes but then there are people like me who made a mistake and have goals and aspirations of becoming a law enforcement officer, stay safe brother.

      Comment


      • #4
        All the background packets I've ever seen when asking about criminal conduct are written in a way such that you have to tell them about things that may later have been expunged. So you answer the question and it's up to the agency to decide whether to approve you for hire or not. So to answer your question it just depends what you did.

        Comment


        • #5
          When you fill out the Personal History Questionaire as part of the background, you will be asked to list all police contacts you have had, of any nature. This includes witness, victim suspect, etc. Having your record expunged does not exempt you from having to list the police contact that led to your arrest, so you will have to disclose the incident.

          You have to remember that the background is like a game like a game with black and white rules where having an expungement must cause a prospective law enforcement agency to turn a blind eye to your porior conduct. Instead, it determines whether there is anything in your personal history that meets the criteria for disqualification. If the conduct involved in the expungement meets that criteria, you will be disqualified.

          As an example I often discuss, I once did a background on a rapist. The arresting agency bungled handling the investigation, and all the physical evidence tying the suspect to the crime was thrown. That made it a she said/he said case and the jury acquitted him. While the applicant was found not guilty as a matter of law, he was still a rapist as a matter of fact and he did not pass his background.

          Your BI will listen to your side, speak with the investigating officers and other involved parties. If what occurred meets that agency's criteris for disqualification you will be DQed. If not, you will move on in the process.

          Going too far is half the pleasure of not getting anywhere

          Comment


          • CMANNY
            CMANNY commented
            Editing a comment
            Deleted opening separate post
            Last edited by CMANNY; 05-27-2020, 11:26 PM.

        • #6
          Originally posted by Bigeh201 View Post
          Good evening I would like to know if a expunged record can prevent a candidate from become a law enforcement officer of any type thanks to all and be safe!
          Most packets will ask “have you ever done X”, or “ever committed a crime even if it went undetected”.

          The first thing your BI will do is run your criminal history, and he will see everything... dismissed, expunged, pled down.

          Department policies vary. If you did something that is normally a DQ you still might get thru if it was pled down, it depends on the details.

          What will get your application canned in a heartbeat is if he sees something on your record that you didn’t mention yourself.
          "I am a Soldier. I fight where I'm told and I win where I fight." -- GEN George S. Patton, Jr.

          "With a brother on my left and a sister on my right, we face…. We face what no one should face. We face, so no one else would face. We are in the face of Death." -- Holli Peet

          Comment


          • #7
            Thank you all for the responses

            Comment


            • #8
              When your criminal history is pulled it will list arrests, charges, convictions, dispositions etc. Some types of purpose codes to retrieve criminal histories will always list the complete record. This will include juvenile, first offender and expunged records.

              Comment


              • #9
                I will add that due to changes in the law in various states over the last 5 or so years, expunged charges often either do not show at all in NCIC, come back as just an arrest without a disposition, OR they just ping as a hit, and then there's no info other than the ORI of the agency that charged you originally before the charges were expunged. It's not entirely true that in all 50 states, any/all expunged charges still come back and are fully accessible to law enforcement. Some of the more blue states have not only removed it from the rap sheet, but have made it so that a judicial order is needed even for LE to access expunged/juvenile charge information.

                The reason I say that above is all the more reason to make sure you are fully honest and list the expunged arrest/charges. Because even if it doesn't immediately return a result to the BI in NCIC, they are going to look at court records, contact the local PD record units, etc. for the areas you've lived, worked, frequented, and they will find the expunged charge eventually (if they don't suck). And in that case, you are screwed because it is lack of candor.

                With all the changes now to sealing, expungement, etc. in the last few years, people are getting advice not to even list the arrest/charges at all, and it's not good advice to say the least. The only type of disposition I'm aware of where there are actual statutory protections that allow someone with an arrest history or criminal record to not list things is via a pardon from the President or a governor, and even in that case it doesn't apply to every department/agency.

                Comment


                • #10
                  Expungement Doesn’t mean it didn’t happen,....

                  Comment


                  • #11
                    Originally posted by NolaT View Post
                    Expungement Doesn’t mean it didn’t happen,....
                    THIS! You still did the crime and were convicted.
                    Now go home and get your shine box!

                    Comment


                    • #12
                      Originally posted by waffledog47 View Post
                      I will add that due to changes in the law in various states over the last 5 or so years, expunged charges often either do not show at all in NCIC, come back as just an arrest without a disposition, OR they just ping as a hit, and then there's no info other than the ORI of the agency that charged you originally before the charges were expunged. It's not entirely true that in all 50 states, any/all expunged charges still come back and are fully accessible to law enforcement. Some of the more blue states have not only removed it from the rap sheet, but have made it so that a judicial order is needed even for LE to access expunged/juvenile charge information.

                      The reason I say that above is all the more reason to make sure you are fully honest and list the expunged arrest/charges. Because even if it doesn't immediately return a result to the BI in NCIC, they are going to look at court records, contact the local PD record units, etc. for the areas you've lived, worked, frequented, and they will find the expunged charge eventually (if they don't suck). And in that case, you are screwed because it is lack of candor.

                      With all the changes now to sealing, expungement, etc. in the last few years, people are getting advice not to even list the arrest/charges at all, and it's not good advice to say the least. The only type of disposition I'm aware of where there are actual statutory protections that allow someone with an arrest history or criminal record to not list things is via a pardon from the President or a governor, and even in that case it doesn't apply to every department/agency.
                      And even with ALL that listed above.

                      If you are asked if you have ever been arrested and say no because of a pardon, or some stupid law saying the record doesn't count...............YOU ARE STILL LYING because you did in fact get arrested

                      If you are asked if you have ever been convicted or plead guilty of a crime and say no because of a pardon, or some stupid law saying the record doesn't count...............YOU ARE STILL LYING because you did in fact get convicted.

                      I would consider a no answer as an integrity issue EVEN if you were specifically told you could.
                      Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

                      My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

                      Comment


                      • #13
                        . expunged charges often either do not show at all in NCIC, come back as just an arrest without a disposition, OR they just ping as a hit, and then there's no info other than the ORI of the agency that charged you originally before the charges were expunged.
                        There’s always a way to see everything... at least enough to know something happened.
                        Last edited by tanksoldier; 05-24-2020, 11:44 PM.
                        "I am a Soldier. I fight where I'm told and I win where I fight." -- GEN George S. Patton, Jr.

                        "With a brother on my left and a sister on my right, we face…. We face what no one should face. We face, so no one else would face. We are in the face of Death." -- Holli Peet

                        Comment


                        • #14
                          Originally posted by Bigeh201 View Post

                          Thank you for your opinion sir I appreciate it but the question was asked with intentions of revealing my expunged record I agree 100% that there many people who go out and commit more crimes but then there are people like me who made a mistake and have goals and aspirations of becoming a law enforcement officer, stay safe brother.
                          Exactly why I said I wouldn't waste my time! About every inmate in prison, said they were in there for a "mistake."

                          I got more respect for someone who can admit that they forked up and can accept responsibility for their actions.

                          And to answer your question yes, you need to disclose anything they ask of you even if it was expunged or pardoned and your lawyer, judge, mom, dad, aunt, uncle, cop friend, probation officer, parole officer etc said you don't have to disclose it.

                          Even if they don't catch it this time sooner or later it will come back to get you. Just ask the temporary acting sheriff in Florida who is running for the office.

                          Comment


                          • #15
                            I was hired by several departments with 2 expunged criminal charges. Of course, they were very minor crimes, I revealed them on the application, and I had to explain my actions to the prospective departments. I can tell you from experience that expunged records WILL show up when running a Criminal History Check as I ran hundreds, if not thousands, over the course of my previous career. Best thing to do is be honest and up front about everything. If you can't get hired because you did something stupid, move on and find another career.
                            Originally posted by RSGSRT
                            We've reached a point where natural selection doesn't have a chance in hell of keeping up with the procreation of imbeciles.
                            Why is it acceptable for you to be an idiot, but not acceptable for me to point it out?

                            Comment

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