Will a misdemeanor show up on an employment background check? 7 Answers as of June 02, 2011

What will show up from the DOJ if I do a fingerprint scan for employment with a school district?. I have a misdemeanor but it was expunged 10 years ago. I had one last year and it showed up but they did not tell me anything except I had a misdeamenor and it was expunged

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
Your fact scenario is confusing, but if I read it correctly, your record was not completely expunged. If the misdemeanor shows up, then you could take the order that expunged your record to the clerk of the court in which you were convicted. Request the clerk delete the electronic information and paper record pursuant to the order. Stay well.
Answer Applies to: Alabama
Replied: 6/2/2011
Vermeulen Law office P.A.
Vermeulen Law office P.A. | Cynthia J.Vermeulen
There is no quick answer to your question. It depends on the circumstances of resolution of your case and the nature of the expungement. Different states have different laws on this issue. Under Minnesota law, expungement does not automatically eliminate law enforcement records which could be located in the event of a background check. You need to consult with an attorney in your state about this issue.
Answer Applies to: Minnesota
Replied: 6/1/2011
Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
Yes, unless the record was sealed. There is no such think in New York as an "expunged" record. You can also make an application for relief from disability, and we can do that for you.
Answer Applies to: New York
Replied: 6/1/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
The criminal record data base is maintained in Michigan by the Michigan State Police. A criminal record for most employers will not show a Michigan conviction which was expunged. However, the record will show that you had an offense and the disposition and that it was expunged. This record is available to different government agencies and for different purposes. For example, if seeking a high security clearance, this conviction will appear. I suspect the DOJ is the same. For purposes of future criminal charges, both the prosecutor and the Court will have access to the expunged criminal record.
Answer Applies to: Michigan
Replied: 6/1/2011
Bristol & Dubiel LLP
Bristol & Dubiel LLP | Murray L. Bristol
In Texas an expunged criminal case should not show up on your record.
Answer Applies to: Texas
Replied: 6/1/2011
    Law Offices of Karen Kilpatrick
    Law Offices of Karen Kilpatrick | Karen Kilpatrick
    If you are applying for employment with a school district, under Florida law you have to reveal the existence of an expunged record and the school district should have access to the fact that there was a record that was expunged. However, they should not be told what the record was for.
    Answer Applies to: Florida
    Replied: 5/31/2011
    Komanapalli Massey LLP
    Komanapalli Massey LLP | Mark A. Massey, Esq.
    An expunged conviction should not even show up on your DOJ record at all, not even as an expungment. The point of an expungment is to clear your record. There are steps you can take to get that off of your DOJ report, but you will need to hire a lawyer to get it done. It is not easy to get the DOJ to act sometimes, but it is possible.In any event, yes, a non-expunged misdemeanor will show up on a background check. Any arrest even, will show up.
    Answer Applies to: California
    Replied: 5/31/2011
Click to View More Answers: