Skip to main content

Are there any stigmas around expunged records?

Atlanta, GA |

I have a dismissed case on my record for Disorderly Conduct that occurred when I was a Freshman in college (5 years ago). It recently came up on a background check (my offer was subsequently revoked) so I'm looking into expungement. However, I heard that it's possible for employers to see that something was expunged, which can be worse than simply seeing a case was dismissed.

Is this true? What are my best options?

Case was dismissed after successful pre-trial diversion program.

Attorney Answers 4

Posted

What do you mean by the case was dismissed? Was it nolle prossed? Was it dismissed outright? If your case was dismissed you can seek to have the record restricted. Once the record is restricted (expunged), if approved, only law enforcement should be able to see the restricted portion of the record (in theory there are some exceptions).

If you find this answer helpful, please mark it here on AVVO as helpful. At this time, I am not accepting professional responsibility on this matter. No attorney/client relationship is created unless and until I receive a signed retainer agreement along with the requested retainer fee. If this matter is truly important to you, hire an attorney. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 678-510-1716 or mbarber@barberlegalcounsel.com if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). Without reviewing the appropriate paperwork It is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Note that I am only licensed in Georgia and thus cannot practice in other states. Nothing in my answer should be considered as tax-advice. Circular 230 Disclosure: Pursuant to recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.

Mark as helpful

1 found this helpful

1 lawyer agrees

4 comments

Asker

Posted

Great question. It was dismissed after successful pre-trial diverston program. I also updated my post to reflect this.

Michael David Barber Jr.

Michael David Barber Jr.

Posted

If it was dismissed out of pre trial diversion you can seek to have it restricted. Does the job you are seeking require government security clearance?

Asker

Posted

Nope. Just the usual slew of privately-held companies along with some Fortune 500s.

Michael David Barber Jr.

Michael David Barber Jr.

Posted

A restriction, if granted, should keep those companies from seeing the charge. Feel free to contact my office if you need help with the restriction process.

Posted

Apply for expungement.

Mark as helpful

1 found this helpful

2 lawyers agree

2 comments

Asker

Posted

Why? I read that even after expungement, dismissed cases can still crop up on background checks? What do I legitimately gain?

Noah Howard Pines

Noah Howard Pines

Posted

It will not appear on a criminal history run by anyone other than law enforcement. So a "regular" employer will not be able to see it.

Posted

You can try to have it expunged but most likely it won't be expunged.

Mark as helpful

1 lawyer agrees

1 comment

Asker

Posted

I'll try, but any thoughts on the questions I raised in my post?

Posted

It NEVER hurts to apply for expungement! All the State can say is "No"!

Mark as helpful

1 lawyer agrees

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics