My life and career have basically been ruined by a recent criminal accusation. I've been advised to take a plea to a misdemeanor and seal it in 2 years.
Does a sealed record still show if I am fingerprinted for a background check?
No lawyer can tell you either how thoroughly some other person / entity will go in conducting a background check or what such an examination may or may not reveal.
I suspect that it doesn't much matter where you were arrested, what you were arrested for, what the final disposition was or whether or not you sealed / expunged the record. This is 2016 and we are forehead deep into the internet age, where nothing is private, sacred or truly hidden from public scrutiny.
Sadly, sealing (and expunging) only applies to certain (not even to all) government agencies (for example if fingerprints, mugshots, DNA or anything else - including crime statistics bearing your name or identifying information - were uplaoded to the FBI database then a local Order of Expunction would not effect the Feds) and that it has no effect whatsoever on private (er, extortionist) enterprise, who compile and maintain arrest information and then demand that you pay them off to remove your information from their database and public access. Worse still, after you "buy back your information", then you can count on there being another private company lurking, somewhere, sometime, somehow, just waiting for you to pay them off as well. Its a seemingly never-ending vicious cycle.
For better or for worse you may be best advised to take the wind out of the sails by admitting your past issues / indiscretions to your present (or potential) employer, lender, landlord, licensing authority, admissions committee, etcetera, rather than waiting for them to find out on their own, but that's a personal, not a legal, decision.
I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
Your question is somewhat complex and to be sure of what your record will show, you should consult with a criminal defense lawyer regarding your question. Just an FYI, not legal advice, Legal Aid Center of Southern Nevada offers free classes on criminal record sealing. The website is Lacsn.org.
Maybe Even if your record is sealed it still MAY be able to be seen by certain governmental entitles and may still be seen in prior newspaper postings, private database and even online searches.
If you think this answer helped you, please mark it as best answer. This answer is not intended to give legal advice or establish an attorney client relationship and is offered for general educational purposes only. NO INFORMATION GIVEN HERE IS TO BE RELIED UPON for any legal matter as this information may contain inaccurate information for your particular case.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline