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expungement & job applications

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J

jdinfl

Guest
I commited a misdemeanor offense in Hawaii back in the early 80's. I live in Florida now and am applying for a county job. On the application it states to provide my entire arrest record INCLUDING expungments, and that the county was going to confirm my info with an FBI search.
I was under the impression that I could "solemnly swear under oath" that I was never arrested for the an expunged offense.
I do not want to be accused of filling out a "misleading false or deceptive application." However I do not want to provide more information than is necessary.

Question: should I provide this information to the county? does the county have some way of accessing this "expunged" information?
 


J

JMK

Guest
Most Orders of Expungement state "if an inquiry of this proceeding is made, the Court shall reply that no proceeding occured." or something substantially to that effect. In other words, the effect of an expungement is to retroactively state that the proceeding never occured. Typically, Orders of Expungement are sent to the local clerks of courts, the state police, and the FBI. If I were you, I would make a private inquiry of your criminal records yourself and see what kind of results you get.

Further, you might consult an employment attorney for guidance as to the legality of requiring disclosure of offenses which a Court has expunged.
 

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