Posted: 4/6/2010 6:52:10 PM EDT
| Friend has items expunged. Officially. CCW permit app says all offenses, even expunged. Order for expungement says you have the right to claim it never happened if expunged, and that is signed by a judge. Which is right? What about if a crime has dropped off your record with just time? Do you have to declare it? |
| I think it was a minor drug offense, but it stopped him from having the CCW. He went to all the classes and such and was allowed to have it expunged but asked me about the app. I thnk it is wrong to ask about expunged info since the point of expungment is to have it be gone...I could personally care less but am actually curious now... |
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Friend has items expunged. Officially. CCW permit app says all offenses, even expunged. Order for expungement says you have the right to claim it never happened if expunged, and that is signed by a judge. Which is right? What about if a crime has dropped off your record with just time? Do you have to declare it? If the app even asks for expunged offenses then he better wright it down. Just becuase it is expunged does not mean it does not exsist because it still does exsist it is just sealed. I have an expunged offense and I went to court clerk got a copy of the expungement in the sealed file, I then listed it in the CCW application and included the letter of expungement that had the stamped seal on it. Everything went ok. Of course it was just a misdomeanor. |
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Quoted: Consult an attorney. Best advice. On the face, the law behind the application probably states that 'expunged' doesn't count for this purpose - and thus the friend will have to wait for the time period to expire.... But a lawyer will understand better.... Government forms are NOT a place where it is 'better to beg for forgiveness'. |
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The expunged has been mostly covered. As to dropping off with time that is news to me. When I get a criminal history it goes back all the way. To like the 60's and 70's. Most newer issues will have the outcome(dismissed, guilty etc) but a lot of the old time record keeping was not that great.
Just FYI criminal histories will show what you have been fignerprinted on. IF it was a shoplifting heres your ticket it may or may not show up. If you were never booked and later found innocent or the charges were dropped it may not show up. If you were fingerprinted for a DUi in 1968 it will show up (unless you were a juvie). A local records check will only show as far back as your local agency keeps them. Which could be 7-10 years or forever, depending on the agency. |
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Was the crime exponge worthy? Heh. ditto on heheh Yup. I caught that one. 
Can you help me out on this one??? Heh?? I missed this joke...it is not in the library's abbreviation list... Sponge-Worthy |
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Was the crime exponge worthy? Heh. ditto on heheh Yup. I caught that one.
Can you help me out on this one??? Heh?? I missed this joke...it is not in the library's abbreviation list... Sponge-Worthy  
Sorry, still not getting the meaning there. Must be bad? |
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Quoted: Friend has items expunged. Officially. CCW permit app says all offenses, even expunged. Order for expungement says you have the right to claim it never happened if expunged, and that is signed by a judge. Which is right? What about if a crime has dropped off your record with just time? Do you have to declare it? What state CCW application asks for expunged offenses? |
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I can tell you that "expunged" items are never removed from your record they are simply flagged with an 'ignore entry' mark. Anyone who performs the right level of background check will still be able to see an expunged item they will just ignore it. Likewise if the circumstances are right the item can be 'un-expunged' , for example if a felony happened within a judge determined amount of time and therefor invalidated the expungement (sp?). I work in 911. -LTC- Disclaimer: I offer no legal advice and everything above should be construed as my "opinion". |
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Friend has items expunged. Officially. CCW permit app says all offenses, even expunged. Order for expungement says you have the right to claim it never happened if expunged, and that is signed by a judge. Which is right? What about if a crime has dropped off your record with just time? Do you have to declare it? What state CCW application asks for expunged offenses? UT. Asks right on the app. I filled out my initial app 10+ years ago, and it asked then and apparently still asks now. For some reason I thought the term meant you had the right to claim no conviction of that offense. |
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Quoted: UT. Asks right on the app. I filled out my initial app 10+ years ago, and it asked then and apparently still asks now. For some reason I thought the term meant you had the right to claim no conviction of that offense. The term "expungement" could in some states restore your criminal history status to allow a person to legally state that they were never arrested or convicted of an offense. Depending on the state it may be possible to have fingerprint files and computer files expunged/returned to the originating LEA who submitted them to the FBI and state LEA agencies. The state where the arrest/conviction occurred determines what an expungement means so as others have stated you really need to research and/or consult with an attorney to determine what you can state on a specific type of .gov application. I'm assuming if the incident took place in Utah, was expunged in Utah and even though "expunged" it is still available when applying for a Utah CCW. http://publicsafety.utah.gov/bci/documents/ccwapp_006.pdf ALL APPLICANTS: Please answer “Yes” or “No” to all questions below. A complete criminal background check will be conducted including expunged and juvenile court records. If you answer “Yes” to any question, attach documentation explaining your answer. "Have you ever been arrested for any offense involving domestic violence?" "Have you ever been involved in any incident in which you have used unlawful violence or threats of unlawful violence?". http://publicsafety.utah.gov/bci/OtherStates.html Every state has its own unique laws governing how it distributes criminal history information, as well as its own unique laws regarding expungement of criminal history information. BCI has no control over these laws or regulations. |