Why even expunge? Adoption question/ criminal background?

Question by PeopleRcrz2Day: Why even expunge? Adoption question/ criminal background?
If they still apparently “still” appear on your record when a FBI live scan check is
done? This isn’t anything about gettting a JOB, this is about adoption or becoming
a foster partent. When applying to a smaller agency I was turned down due to my bad
past record that I’m certainly not proud of when younger. 3 DUI’s, and the 4th a felony
(jail time). All well over 13-25 years ago.
I am afraid that my “past record” is going to prevent us from being accepted now, even
to the State, which CAN request me to get the FBI and Live scan? Again, this isn’t about
getting a job it’s about adopting and trying to become foster parents. So, please don’t tell me
what I do already know regarding that circumstance, no offense.

So, I hired an attorney to expunge these records but he’s saying they will still be
there when they look at my Live Scan, Fbi check?

So, ummm why even bother? What exactly does expungement do then?
I have NOT been arrested in over 13 years, you’d think that would
be good enough? But, I do respect, and understand due to my prior
addiction issues.=(

So, why? Please be nice and links would be great.. about this okay.

People can change, I did.


Best answer:

Answer by John
Expungement, or set aside in some states, means “erased”. No legal record will exist. Get a new lawyer. Note in some states, exp. is merely a sealing.A pardon in my state is just a sealing, not a change of conviction to not guilty as it means in others. There is always some way to completely erase most convictions.

Your so called “attorney” is confusing this action with a sealing or relief from employment disabilities, when joe citizen can’t see it but cops,courts , state and federal institutions still can. As I said, there are a half dozen forms of relief, each having a different name and outcome in different states. Some are total, some just let you vote again. Your lawyer took your money and got you a middle of the road relief, not total set aside.

EDIT: Some lawyers are no good, believe me. Some take your money, then simply tell you what you want to hear.I have seen two do absolutely nothing in six months. I have gotten 4 different “opinions” from 5 different lawyers on the same thing. There is a way to erase almost all records, certainly a very old DUI, from any state (unless a vehicular manslaughter DUI, which you didn’t indicate).
That’s a real good website he gave you, but note: It is sponsored by attorneys. They will try to tell you you “need” a lawyer to even blow your nose, that’s how they get clients. If everyone knew their rights and the law, a lot of lawyers would find work slack. So would a lot of cops.Lawyers may even twist the “facts” to make you want to hire one just to understand the confusion they cause. Go to the actual penal code websites and read for your self. He is also assuming the conviction was in CA, it may not be.

EDIT: An “expungement” in CA may not be totally “hidden”, again. it depends on state and definition. But there is always some way of total erasure. Again, CW, look who’s sponsoring the website: A fancy lawyer who wants your money for a total erasure, when you can do it yourself.

Free legal aide will give you a 1/2 hour consultation for $ 35, and no lies or come ons, as there is no obligation on either’s part. He gets his money either way, he may as well tell you the truth and your rights and the outcome and implications. A free website is a bait and hook, they want your money.

Don’t believe those who say “can’t be done” or “difficult”. It usually isn’t. It also depends on the felony, not that there Is a felony. Expungement/set aside is usually designed For felonies, as they matter the most and can take away rights. Misdemeanors aren’t that big a deal. The courts know that a misd. doesn’t always affect employment or fostering a child.

Besides, I am doing it. No other answer here is, or, has a felony, just a keyboard. The internet isn’t necessarily always right or updated as it should.

This guy on YA did it, he said not hard:

Just do a search on YA, lots of ’em.

In some states, it is often expunged automatically after so many years. Call the state you were convicted in and see. If so, maybe you slipped through the legal cracks. Expungement of most pot possession charges in CA before 1976 is now a simple phone call, for an example.

Better yet, do it yourself for free. Don’t let anyone tell you you “need a lawyer” or have to “use their online service.” The less who know of it (like the Judge that sentenced you!) the better. Ask a superior court law library in that state for the forms.Some are online. Lay it on thick, mention how long it’s been, no record since, productive employed citizen 13 years, say you are remorseful, you do volunteer work, go to church, then have the references down for this. Attach reference letters from relatives and friends.

I can’ t give you links as it varies so much from state to state. Some will try to discourage you– cops and district attorneys will lie and say you “can’t” while the law library says you can.You will have to google the procedures yourself, try the state’s revised statues.

What do you think? Answer below!


  • CW

    I would believe your attorney first. However, the law varies by state. I’ve referenced CA since your profile says that. I would call the local Family Services in your state or county and ask them about foster parenting. They will work with you to see what they can do.

    EDIT: In particular look at the second reference and the last paragraph. The expungement is never hidden from the court and proper authorities whatever the other posters are saying. This includes anything to do with child welfare.

  • Clairmont

    I’m sorry. Unfortunately, a felony is going to hurt your chances significantly. Unless you can really win someone over during the interview process and explain how you’ve grown…. Best of luck to you, friend.