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

[Richard77777]

I have a charge of moral turpitude from over 20 years ago. I was charged but never convicted of it.

It’s been sealed so legally I am able to deny that I was ever arrested.


Will I be able to use the legal defense that I did not have to disclose if it’s been sealed?

I’ve done checks on myself and the state/county records and it’s been sealed since 2014.

 

[jdeasy]

Not a lawyer but expunged means it’s like it never existed.

 

[Richard77777]

Not a lawyer but expunged means it’s like it never existed.

So if a record was ever found due to a record that was incorrect, and they ask why it wasn't disclosed, you would have a legal basis to stand upon, correct?

 

[goillini52]

I have a charge of moral turpitude from over 20 years ago. I was charged but never convicted of it.

It’s been sealed so legally I am able to deny that I was ever arrested.


Will I be able to use the legal defense that I did not have to disclose if it’s been sealed?

I’ve done checks on myself and the state/county records and it’s been sealed since 2014.

What did you do to be accused of being a pervert?

Did you go to court, or did they drop the charges?

 

[jdeasy]

So if a record was ever found due to a record that was incorrect, and they ask why it wasn't disclosed, you would have a legal basis to stand upon, correct?

That would be my lay opinion but you need to talk to a lawyer about this.
Show the lawyer the questions you are being asked and how you have to legally answer the questions.

 

[myinsurebiz]

So if a record was ever found due to a record that was incorrect, and they ask why it wasn't disclosed, you would have a legal basis to stand upon, correct?

No many Lawyers in an Insurance Agent forum . . .

 

[Richard77777]

What did you do to be accused of being a pervert?

Did you go to court, or did they drop the charges?

That would be my lay opinion but you need to talk to a lawyer about this.
Show the lawyer the questions you are being asking and how you have to legally answer the questions.

According to multiple legal websites:

In most states, once your record is expunged, you can act as if those convictions never happened. The record is sealed and won't be released in response to, for example, a criminal background check by a prospective employer. And, the law allows you to say you do not have a criminal record, if that record has been expunged.

Was just wondering if anyone else out there had any specific experiences or heard anything relevant to this- just in case. Thanks everyone for your help!

Edited to add: I'm mainly concerned with appointments with carriers (Prosperity, Liberty)- i'm already licensed.

 

[Tahoe Ray]

What did you do to be accused of being a pervert?

Dude, give him a break.

It could have been something like murder or kidnapping instead.

 

[Todd King]

According to multiple legal websites:

In most states, once your record is expunged, you can act as if those convictions never happened. The record is sealed and won't be released in response to, for example, a criminal background check by a prospective employer. And, the law allows you to say you do not have a criminal record, if that record has been expunged.

Was just wondering if anyone else out there had any specific experiences or heard anything relevant to this- just in case. Thanks everyone for your help!

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.

 

[adjusterjack]

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.