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If I get a careless driving charge expunged, do I still have to mark on an application that I was convicted of a misdemeanor?

Anoka, MN |

I'm hopeful to have my careless driving conviction expunged. If that happens, does it still show up on a background check? Do I have to inform any new employer of this?

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Attorney answers 4


As for that charge, you can put NO on the application since the conviction will no longer be there.


Tricky territority. The correct answer is yes and it was expunged.

Jonathan N. Portner, Esquire, Portner & Shure, P.A. Maryland and Virginia Personal Injury Attorneys. This response is general information and not legal advice, and does not create an attorney-client relationship. This response should not be relied upon. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm


Whether or not it still shows up on a background check will depend on the kinds of records the court orders expunged. If it only orders that judicial records be expunged, the charge will likely show up on a background check. Only an expungement of executive branch records would give you the chance of completely clearing a background check.


The answer depends on whether it is an expungement that seals judicial records or judicial AND administrative records. The latter is unlikely and if it is the former, the offense will still show up on a background check.

As a result, the correct answer is "yes-and it was expunged.

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