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Who Can Get a Copy of My Expunged Criminal Record

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  • 12-24-2013, 02:02 AM
    tokenchris
    Who Can Get a Copy of My Expunged Criminal Record
    My question involves criminal records for the state of: Louisiana

    An expunged arrest record of a dismissed misdemeanor charge pursuant of Article 44:9 of Louisiana (http://www.legis.state.la.us/lss/lss.asp?doc=99762) was ordered recently. A couple of questions arise from this. One, will this expunged record in Louisiana be available to other states licensing agencies (i.e Virginia State Bar)? I.E. Do the national databases that state BARs use display state expunged records AND do they display destroyed records? I ask the latter part of the question in hopeful anticipation that this will be the result after current actions I am taking to have it done.
  • 12-24-2013, 06:12 AM
    flyingron
    Re: State/National Disclouse
    The question when you are asked to attest to the truthfulness is not "WILL THEY CATCH ME IF I LIE?" but what is necessary to answer truthfully. The Virginia Bar fitness specifically says you may omit expunged or sealed records but warns you strongly to make sure they are indeed expunged or sealed.

    In most cases, certain LEO applicants and other places can indeed see into sealed records. Further, in this day and age, you can never count on an electronic record truly going away.
  • 12-24-2013, 06:40 AM
    Mr. Knowitall
    Re: Who Can Get a Copy of My Expunged Criminal Record
    If you're planning on going to law school, it would benefit you to start reading statutes.
    Quote:

    E. ...


    (4) However a criminal background check requested by a health care provider pursuant to R.S. 40:1300.51 et seq. shall include records which would inform a potential employer of any crimes enumerated in said statute which were committed by an applicant for employment.

    F. For investigative purposes only, the Department of Public Safety and Corrections may maintain a confidential, nonpublic record of the arrest and disposition. Upon specific request therefor and on a confidential basis, the information contained in this record may be released to the following entities who shall maintain the confidentiality of such record: any law enforcement agency, criminal justice agency, the office of financial institutions, the Louisiana State Board of Medical Examiners, the Louisiana State Board of Nursing, the Louisiana State Board of Dentistry, the Louisiana State Board of Examiners of Psychologists, the Louisiana Board of Pharmacy, the Louisiana State Board of Social Work Examiners, the Emergency Medical Services Certification Commission, Louisiana Attorney Disciplinary Board, Office of Disciplinary Counsel, the Louisiana Supreme Court Committee on Bar Admissions, the Louisiana Department of Insurance, the Louisiana Licensed Professional Counselors Board of Examiners, or any person or entity requesting a record of all criminal arrests and convictions pursuant to R.S. 15:587.1.

    G. "Expungement" means removal of a record from public access but does not mean destruction of the record. An expunged record is confidential, but remains available for use by law enforcement agencies, criminal justice agencies, the Office of Financial Institutions, the Louisiana State Board of Medical Examiners, the Louisiana State Board of Nursing, the Louisiana State Board of Dentistry, the Louisiana State Board of Examiners of Psychologists, the Louisiana Board of Pharmacy, the Louisiana State Board of Social Work Examiners, the Emergency Medical Services Certification Commission, the Louisiana Attorney Disciplinary Board, Office of Disciplinary Counsel, the Louisiana Supreme Court Committee on Bar Admissions, the Louisiana Department of Insurance, the Louisiana Licensed Professional Counselors Board of Examiners, or any person or entity requesting a record of all criminal arrests and convictions pursuant to R.S. 15:587.1.
    Other state bar associations may ask you about your expunged criminal record. You will need to check the policies of the bars where you intend to apply to determine what you are required to disclose and what sources they use to verify reports. Not only is each state different, policies can change over time. Further, many law schools will require you to disclose expunged criminal records with your application.
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