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Can a former employer in North Carolina send your 10 year file to an unemployment hearing officer which included criminal charges long expunged from your record?
The use of expunged records, with/without conviction of the accused, will be tantamount to using evidence that does not exist.
If the giver of such evidence is unawares that it was expunged, it is the duty of the defendant to point it out. The court has to strike the evidence so presented off the record.
If on the other hand, the evidence is purposefully given, with knowledge of the expunging and the knowledge can be proved, the giver can be liable to being accused of concocting evidence, defamation, misusing due process and purposefully misleading the court.
Added: If the criminal records you cite existed from BEFORE you had them expunged, the employer may not be liable for anything. The expunction law only guarantees that the PUBLIC records (available via the government) will be expunged. Unless you served the employer with a copy of the expunction order, how could they have possibly known of it. There is no way the government can control any copies of your records which may possibly exist in private hands from prior to the expunction date.
What else can I help you with?
What can be expunged from criminal record in South Carolina?
doris nusbaum proveaux , South Carolina
Can an employer learn of a prospective employee's expunged criminal record through a fingerprint check in California?
Expunged means removed, therefore the record no longer exist and would not be a factor. If the party had other criminal offenses on record that were not erased then those would appear in background check.
How can you get your criminal records expunged?
Criminal records can be expunged by paying fines, having the case resolved and requested to be expunged with the respected authorities and judicial offices.
If you took a plea and was convicated of a felony can it be expunged into a misdemeemor in South Carolina?
if you took a plea and was convicated of a felony can it be expunged into a misdemeemor in South Carolina
Who can see a expunged record because of an SIS in Missouri for a background check?
Law enforcement - the court system - government agencies - and any employer needing to process you for a security clearance, may have access to your expunged criminal history. All the rest of the general public will not be able to see it.
Can contributing to the deliquency of a minor be expunged in South Carolina?
Yes, contributing to the delinquency of a minor can be expunged in the state of South Carolina. The first step to getting this charge expunged is to fill out a 'motion for expungement' form from your local courthouse.Ê
Does a misdemeanor charge prevent you from employment after ten years in Oregon?
Any criminal record AFTER you have become an adult will be a permanent part of your criminal history record, unless you have it expunged. How much your record might affect your employment would be up to your prospective employer.
Can someone with a criminal record be a community organizer or activist?
Answered after reading the comment page: If the charges were actually expunged from the questioners criminal history record, any future employer should not be able to access them, and the applicant may legally say that they have no criminal record. HOWEVER - the situation becomes murkier if/when the applicant applies for a position with a government agency or entity. Government agencies DO have the ability to research expunged records and the applicant WOULD have to reveal their criminal history in any application process.
Does you record get expunged if you got a DUI as a minor?
Yes most criminal covictions as a minor will be expunged due to the fact your a MINOR.
How long does a misdemener marijuana charge stay on your record in South Carolina?
In South Carolina, a misdemeanor marijuana charge stays on your record for life. However, there is an opportunity to request an expungement, provided the individual has no other criminal record.
Can DOT over ride an expunged criminal record?
Unclear what is being asked. If you are asking, can the DOT review your expunged criminal record during a pre-employment criminal history search.... yes, they can. An expunged record only prevents the public from accessing your expunged record. Law enforcement, the courts, government agencies and certain private employeers conducting national security clearances can still gain access to it.
Can a felon with an expunged record answer no on a questionnaire?
Yes , but if your employer finds out it will be grounds for termination .
