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  1. #1
    Join Date
    Jan 2007
    Posts
    12

    Default Obligation to Disclose Record After Expungement

    My IL misdemeanor arrest has been expunged.
    The final criminal case disposition, incidently, is nolle prosequi.

    Am I required to identify that I have ever been arrested?

    Examples:
    -Jury duty selection?
    -US Government clearance applications?
    -civil pre-employment background checks?
    -travel visa applications to a foreign government?
    -weapons permit applications

    No doubt someone will have a blanket armchair answers for all of these but are they really to be treated identically?

    Specific information appreciated.

    Thank you.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Obligation to Disclose Record After Expungement

    According to the Illinois Appellate Defender's Office,
    Quote Quoting Expungement FAQs
    Once my record is expunged or sealed, do I have to tell employers about it?

    No, and it is against the law for employers or potential employers (except those specifically allowed by law) to ask you whether you ever had any records expunged or sealed.

    BUT if you have filed for your record to be expunged or sealed and the court has not ruled on it yet, you still have to disclose your criminal history on a job application if you are asked.

    Once my record is expunged or sealed, do I have to disclose it when I get an occupational license or certificate?

    No, unless the law requires it. A list of regulated licenses in the State of Illinois can be found at the Illinois Department of Financial and Professional Regulation's website: http://www.idfpr.com (This is NOT a list of licenses which will require disclosure of an expunged or sealed record.)

  3. #3
    Join Date
    Jan 2007
    Posts
    12

    Default Re: Obligation to Disclose Record After Expungement

    Quote Quoting aaron
    View Post
    According to the Illinois Appellate Defender's Office,
    I read that.

    What about specific cases of:
    -Jury duty selection?
    -US Government clearance applications?
    -travel visa applications to a foreign government?
    -weapons permit applications?

    Thanks.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Obligation to Disclose Record After Expungement

    If you can't figure things out from the application materials, ask the agencies involved.

  5. #5
    Join Date
    Jan 2007
    Posts
    12

    Default Re: Obligation to Disclose Record After Expungement

    Quote Quoting aaron
    View Post
    If you can't figure things out from the application materials, ask the agencies involved.
    There aren't any agencies involved yet. So I'm inquiring here.

    If anyone else has information on this, do tell.

    Thanks.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Obligation to Disclose Record After Expungement

    For theoretical issues that may theoretically arise with theoretical agencies in a theoretical future, under laws that may or may not be different when the issues arise? You can try a psychic, but otherwise will have to deal with the issues as they arise.

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