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Answering an Employer's Questions About a Sealed Criminal Record

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  • 12-30-2014, 03:00 AM
    newbie09
    Answering an Employer's Questions About a Sealed Criminal Record
    My question involves labor and employment law for the state of: NC

    I am confused by the question below. I have a sealed record in the state of FL. It is unrelated to alcohol/drugs/traffic violation. Should i answer YES or NO? Thanks. The application also states not to disclose if the record is expunged. Mine is sealed.

    "
    CHARGES
    Have you ever been summoned, arrested, taken into custody, indicted, convicted or tried for, or charged with, or pleaded guilty or nolo contendere to the violation of any law or ordinance of the commission of any felony or misdemeanor? If your answer is “YES” mail or notarized statement describing full the nature of any such matters, with complete facts, disposition of the matter. Only traffic violations unrelated to alcohol or drugs, may be excluded from this answer. If the matter has been expunged from your records, do not list.

    DO I LIST A CHARGE THAT HAS BEEN EXPUNGED? NO

    "
  • 12-30-2014, 08:38 AM
    adjusterjack
    Re: How Would You Interpret This Question Regarding Expunged/Sealed Record
    Your record is sealed, not expunged.

    My take is that you answer "yes" and provide the required notarized explanation.

    You might not get the job but it's better to find that out now instead of omitting the information and getting fired later when the employer finds out about it.
  • 12-30-2014, 02:15 PM
    newbie09
    Re: How Would You Interpret This Question Regarding Expunged/Sealed Record
    Thank you for the reply. I would rather be upfront that lie about it. States have different laws regarding sealing/expunging records. So expunge it but still keep a record (i.e in FL), while others just expunge. The FL law also states that I can deny having a record with either a seal/expunge.
    From what i have read/researched so far, NC has only the expungement process (no sealing).

    http://research.lawyers.com/north-ca...d-sealing.html
    http://www.fdle.state.fl.us/Content/...unge-Home.aspx
  • 12-30-2014, 03:19 PM
    adjusterjack
    Re: How Would You Interpret This Question Regarding Expunged/Sealed Record
    Quote:

    Quoting newbie09
    View Post

    From what i have read/researched so far, NC has only the expungement process (no sealing).

    Then how is your record in NC "sealed" if NC has only the expungement process?

    Was your record sealed or expunged?

    Do you have documents about it?

    If you don't have documents in front of you saying which applies to your record then you are treading on dangerous ground by guessing.
  • 12-30-2014, 03:32 PM
    newbie09
    Re: How Would You Interpret This Question Regarding Expunged/Sealed Record
    No, my record was sealed in FL, but I am applying in NC. I have also contacted the agency to determine what to do. Thanks again.
  • 12-30-2014, 03:38 PM
    Who'sThatGuy
    Re: How Would You Interpret This Question Regarding Expunged/Sealed Record
    I thought that a sealed record is the same as expunged?
  • 12-30-2014, 04:12 PM
    newbie09
    Re: How Would You Interpret This Question Regarding Expunged/Sealed Record
    yeah, that is my assumption about it too. It's a technicality per FL law, since you can answer NO on employment applications. I'm just not sure, since sealing doesn't exist in NC, just expungement. It will suck if i have to reveal my sealed record. I would have to unseal it and start the sealing process all over again, which takes 5-7 months plus fees.



    5. What is the difference between having a criminal history record sealed vs. expunged?

    When a criminal history record is sealed, the public will not have access to it. Certain governmental or related entities, primarily those listed in s. 943.059(4)(a), Florida Statutes, have access to sealed record information in its entirety.
    When a record has been expunged, those entities which would have access to a sealed record will be informed that the subject of the record has had a record expunged, but would not have access to the record itself without a court order. All they would receive is a caveat statement indicating that "Criminal Information has been Expunged from this Record".
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