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Juvenile records and first-time misdemeanor convictions can be sealed. Arrests, misdemeanors and some felonies may be expunged depending on severity of the crime. First-time offenders may seal a record if charges are dismissed, withdrawn or acquitted. There is no expungement for violent and serious felonies.
No other employer can see any cases that are sealed. Landlords also cannot see any record that has been sealed. Law enforcement agencies, on the other hand, can still see sealed records. Law enforcement agencies include police departments, the courts, and State's Attorneys.
Sealed records are technically still there, but they are no longer part of the public record and can only be accessed and reviewed by way of a formal court order. Expunged and sealed records can sometimes show up on criminal background checks.
When your record is sealed, it means it cannot be accessed by normal means. Those considering you for employment or who you are petitioning for a loan cannot look into these records during a background check. Furthermore, you can generally legally deny that the events on your record never existed.
While you may truthfully testify under oath that you have never been convicted of a crime when your record has in fact been expunged, the government still maintains evidence of your conviction and may use it against you in the narrow and specific circumstances allowed by state law, such as the situations described
Many people believe that once a crime is expunged, all records of it is gone forever. This, however, is not true. While the public will not be able to see your past crimes if they are expunged, there are still ways for certain individuals and organizations to access your criminal record.
The short answer is no for a sealed record, but likely yes for an expunged record. If you seal a criminal record, it does not erase it for immigration purposes. There are a few instances where DHS does not need a criminal conviction for a crime in order to argue that you should be deported because of it.
Sealed records are technically still there, but they are no longer part of the public record and can only be accessed and reviewed by way of a formal court order. Expunged and sealed records can sometimes show up on criminal background checks.
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