00:00Welcome back to our channel where we decode complex legal topics.
00:05I'm Hugh Vu and in today's episode we're delving into the intricacies of
00:09expunge records and the impact on background checks.
00:12Understanding this is crucial for anyone who's gone through the expungement
00:16process or is considering it.
00:19The first thing we want to know is what happens to your record after
00:23expungement.
00:25What happens is that the expungement process involves reopening your case,
00:30changing your guilty plea from a guilty to not guilty and then dismissing your
00:36case. However, these records are still around.
00:42They still show up on various types of background checks.
00:45Some of these background checks can be the type that's run by the government.
00:50For example, if you applied for a law enforcement job,
00:55they will see these. However,
00:58they cannot use it against you. It's against the law, but they can see it.
01:02Other government background checks can also see it. Let's say for instance,
01:06if you run a rap sheet, however,
01:09for general purposes and employment purpose, however,
01:13for employment purposes, they cannot use it against you,
01:18but they can use it against you. If you do not disclose,
01:22that's something to think about.
01:24And that leads us to our next type of question is the types of background
01:29checks that's being run against you.
01:32There's different types of background checks. Let's say for instance,
01:35if you apply for a job at a company at UPS or at McDonald's,
01:42if you run a background check with them and you have an expungement,
01:47they cannot see it. And if they do see it,
01:51there are laws against them using it against you.
01:55So what they do to protect liability is that they run a third party background
02:00check company. And the third party background check company is,
02:05it is their duty to make sure that they do not report any type of information
02:10that they inadvertently collect that may include an expunge conviction.
02:15That's the first type of background check.
02:18The second type of background check is the one that I mentioned a while ago.
02:22This one involves the criminal background check or the type that law
02:27enforcement has. Let's say for instance, if you get pulled over,
02:31they do have access to your entire record.
02:34The third thing to think about kind of touches on what we've talked about
02:38already.
02:39There are limits to what employees can use for the purpose of making decisions
02:44on whether or not they hire you or not.
02:47The biggest one is going to be whether or not there's a conviction or not.
02:52They can only use it by it. I mean convictions.
02:56If they inadvertently run into anything else, arrest records,
03:01they cannot use it.
03:02If they're inadvertently run into a conviction that's been reopened and
03:06dismissed, otherwise what we call expunge conviction,
03:10then they cannot use it.
03:12There are laws that protect you from employers using expunge convictions.
03:17There are laws out there that subjects them to legal penalties.
03:21If they violate this, these laws are respected and serious.
03:27You do have protections,
03:29but the most important thing is to remember that you do have an advantage when
03:35you get an expungement.
03:37The only people that has access to your criminal record and the full criminal
03:41record will be the government. However,
03:44you also have to understand who has access to your complete criminal records and
03:48that's only them.
03:51They do use it for law enforcement and licensing purposes. However,
03:55even for licensing purposes, they cannot use it against you.
04:00But the most important thing to remember is to disclose.
04:04And when I say disclose, that means avoid shooting yourself in the foot.
04:09A lot of common errors I see is people who have an expunge record but fail to
04:14disclose it. They say they have no convictions.
04:17This can often get in the way and delay licensing.
04:22It's very important that you consult with an expungement attorney to help you
04:26navigate these legal complexities.
04:29Even after you clear your conviction,
04:32having an attorney while you clear your conviction also helps you see the
04:37potential pitfalls that habits.
04:42The bottom line is that expungement can be a powerful tool for a fresh start,
04:46but it's essential to understand its limitations and navigate them wisely.
04:50Remember the right legal guidance can make all the difference in fully utilizing
04:54the benefits of expungement. If you have questions,
04:57please use the comment section below or you can reach out to us at our phone
05:01number or use the make an appointment button. Thank you for watching.
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