i was arrested 4 years ago (july 2008) for doing graffiti with some friends. i spent a night at the police station in a cell and had court 2 weeks later. i was 17 at the time and was appointed a public attorney. the defendants showed up and we were advised to plead guilty because we could later expunge the record after 6 months of probation and 2 years without any other crimes. i had to do 40 hours of community service and completed them. along with the above questions, does this charge get automatically expunged after the time frame or do i have to go and request it? does it show up on a background check? and also, for example if i were at a job interview and was asked if i had been arested before, would i say yes or no? at present timeQuick edit, as pointed out by an attorney's answer: I'm pretty sure I was on supervision for the 6 months following the court date and not probation because I was not given any other appointments after this, did not pay any fees for whatever reason, and was clearly told I could expunge the case after two years of not committing any other crime. Does this make any difference in the answers?
It appears that you were charged with a Class A Misdemeanor and pleaded guilty to that offense. Now to your questions:
"does this charge get automatically expunged after the time frame or do i have to go and request it? "
No charge automatically gets expunged or wiped out from your criminal record. Only statutorily eligible court dispositions are expungeable.
"does it show up on a background check?
Yes, any arrest or a plea of guilty to a misdemeanor will show on your record.
"and also, for example if i were at a job interview and was asked if i had been arrested before, would i say yes or no?"
You cannot state that because under any background check the above record will show.
The best way to address your issue is the following:
Request your criminal history record known as a rap sheet from the respective police department Record Section, with that document come to an office of a criminal defense attorney to review the sheet and advise you on any possibility of sealing or expunging your record if statutorily eligible.
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I agree with my colleagues about the expungement issues. One note on the job interview issue: most employers ask about prior felony convictions, or domestic violence misdemeanor convictions. So, if they ask you about those, then you can answer no. However, if they ask about any arrests at all, then you cannot lie. Just pay attention to the question that is asked, and answer it accordingly.
If you got probation it cannot be expunged. Was it supervision? If so, you might be able to expunge.
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