I got a lawyer and got a simple assault charged expunge. I went to get fingerprinted for school and it appeared on background check is that normal or should I go back to my lawyer
If the New Jersey charge was expunged and it has been 16-18 weeks since the judge signed the final order of expungement, then it should be removed from all the official government agencies listed on the expungement order.
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It should not be showing up. Check with your attorney that the proper agencies were served with the Final Order Granting Expungement. It should have been done by certified mail.
The process takes a long time and is often messed up by the various agencies, especially given how many need to be involved.
Some sources will always see it, and sources that are already out there don't have to delete it (except the public entity that stores it). If it's already out on the Internet at some private site they don't have to delete it (many will if you pay them). But background checks for police and the like will always see it. What kind of "school" fingerprints you? Nursing? Medical?
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Go back to the lawyer but it depends what and when they checked. Expungement removes all NJ official records, police reports, fingerprints and computer entries. It takes about 6 months from petition because of State Police backlog. But it does not remove entries from private sites little Google etc. There they need to asked to comply. Some do, but most for a fee. Also it is my understanding that since 9/11 the FBI does not remove the prints sent to them because it is only a NJ State Order. Could be wrong but I think not. So if they checked through the FBI they could find an entry. A normal background check would show nothing if all data bases were served. So it depends on what they checked and when.
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