If A Record Has Been Sealed Or Expunged, Do You Have To Reveal It?

[Markthebroker]

In California, expungement means you can answer "no" to everyone except government entities. For government entities, like the DOI for instance, or firearm application, you must answer "yes". This is something I have experience with.

It may be different in NY, but I doubt it.

Don't end up with another criminal charge for lying to a government agency because you didn't do the proper homework to answer a very important question properly. I know of someone who answered "no" when asked if they were ever convicted of a felony, and they ended up being investigated by a detective.

 

[Richard77777]

I have had a couple of agents that disclosed this to me. They never had a problem.

Expunged = I do not recall a ting like dat eva happenin'! Vinny? You eva hear of somting like dat? Nah, Vinny neva heard neitha.

Forgot to mention- i'm mainly concerned about appointments with carriers- already licensed. I heard that carriers as insurance companies (Prosperity, Liberty, etc) have access to databases that most other employers and companies don't have. Thanks!

 

[Richard77777]

In California, expungement means you can answer "no" to everyone except government entities. For government entities, like the DOI for instance, or firearm application, you must answer "yes". This is something I have experience with.

It may be different in NY, but I doubt it.

Don't end up with another criminal charge for lying to a government agency because you didn't do the proper homework to answer a very important question properly. I know of someone who answered "no" when asked if they were ever convicted of a felony, and they ended up being investigated by a detective.

Should have been more specific- mainly concerned about appointments with carriers- i'm already licensed. I heard that carriers as insurance companies (Prosperity, Liberty, etc) have access to databases that most other employers and companies don't have.

 

[Richard77777]

My take is that it depends on who is asking the question and what the consequences might be.

The law may allow you to treat it as though it never happened but somebody like an employer might not be so generous.

With the proliferation of personal information on the internet there may just be vestiges of the incident that could turn up in the most unlikely places.

I apologize- should have been more specific. I'm mainly concerned about appointments with carriers. (Prosperity, Liberty, etc). I'm already licensed and my employer knows. I heard that carriers (as insurance companies) have access to databases that most other companies and employers don't.

 

[DonP]

Insurance company background check might find it . I know a guy who got a nolo prosquei( it's we're the charge is dropped and erased ) and expunged and insurance CO's on appointments still found it and questioned him .What's working in your favor it was a long time ago before the net was big so it might not be found .

 

[Richard77777]

Insurance company background check might find it . I know a guy who got a nolo prosquei( it's we're the charge is dropped and erased ) and expunged and insurance CO's on appointments still found it and questioned him .What's working in your favor it was a long time ago before the net was big so it might not be found .

thanks for the tip. My question is whether it would be defensible if they did find out, or if it could go on my record under the question if any insurance company has dropped you for any other reason than low sales? (if a carrier ended up dropping you)
It's not a conviction so it would hardly matter, but if they claimed dishonesty, wouldn't the legal right to say no, hold water?

In other words, if i answered no to the question and they then found it, what would happen? And what happened in the case of that person you knew? Thanks again for your help.

 

[DonP]

I forgot to say he was never convicted. He was charged with a felony and that was dropped . When he got his license was never picked up . But a couple of CO's questioned . He explained and no issue . I'll be honest . I highly doubt yours will be an issue being so long ago . If they ever found it you tell them legally you didn't you answered the question correctly

 

[goillini52]

Don't end up with another criminal charge for lying to a government agency.

That's right, the government can lie to us all the time but we can't lie to them.

 

[Markthebroker]

That's right, the government can lie to us all the time but we can't lie to them.

Clever monkey...

 

[Lawsonhj1]

Q. Was I arrested ? yes and I was never convicted that is all I recall
Q. Were you ever convicted of? NO