Welcome back to the Law Office of Hieu Vu YouTube channel! In today’s episode, we’re breaking down the complexities of expunged records and how they impact background checks. Whether you’ve gone through the expungement process or are considering it, understanding what happens to your record afterward is crucial.
When you expunge a record, your guilty plea is changed to not guilty, and your case is dismissed. However, expunged records don’t simply disappear—they can still show up on certain background checks, particularly those conducted by government agencies. For example, law enforcement and government jobs can still see these records, but they are legally prohibited from using them against you.
We also discuss different types of background checks. For typical employment background checks, such as those run by third-party companies for employers like UPS or McDonald's, expunged records cannot be seen or used against you. These third-party companies are responsible for ensuring that expunged information is not reported.
For government-related background checks, such as those used by law enforcement, your complete criminal history is accessible. However, even in licensing situations, expunged convictions cannot legally be held against you.
It’s important to remember that even though employers can’t use expunged convictions, you must still disclose them where required. Failure to disclose an expunged record can lead to complications, such as delays in obtaining a license.
In conclusion, while expungement is a powerful tool for a fresh start, it’s essential to understand its limitations and seek legal guidance to avoid common pitfalls. Having an experienced expungement attorney on your side can make a significant difference in navigating these complexities.
If you have any questions or need assistance, feel free to reach out to us via the comment section or contact us directly to schedule an appointment.
Contact Information:
To contact me, you can go to vulawoffice.com
Website: Orange County Criminal Defense Attorney | Law Office Of Hieu Vu
LinkedIn: Hieu Vu | Tustin CA
Twitter: Hieu Vu (@Hieuvulaw) on X
Facebook: Law Office of Hieu Vu | Tustin CA
Instagram: Instagram (@hieuvuesq)
Yelp: Law Office of Hieu Vu - Tustin, CA
Appointments: Law Office of Hieu Vu, Orange County DUI Attorney
Phone or Text: 714-589-3063
Law Office of Hieu Vu
18002 Irvine Blvd #108
Tustin, CA 92780
Music: www.bensound.com
When you expunge a record, your guilty plea is changed to not guilty, and your case is dismissed. However, expunged records don’t simply disappear—they can still show up on certain background checks, particularly those conducted by government agencies. For example, law enforcement and government jobs can still see these records, but they are legally prohibited from using them against you.
We also discuss different types of background checks. For typical employment background checks, such as those run by third-party companies for employers like UPS or McDonald's, expunged records cannot be seen or used against you. These third-party companies are responsible for ensuring that expunged information is not reported.
For government-related background checks, such as those used by law enforcement, your complete criminal history is accessible. However, even in licensing situations, expunged convictions cannot legally be held against you.
It’s important to remember that even though employers can’t use expunged convictions, you must still disclose them where required. Failure to disclose an expunged record can lead to complications, such as delays in obtaining a license.
In conclusion, while expungement is a powerful tool for a fresh start, it’s essential to understand its limitations and seek legal guidance to avoid common pitfalls. Having an experienced expungement attorney on your side can make a significant difference in navigating these complexities.
If you have any questions or need assistance, feel free to reach out to us via the comment section or contact us directly to schedule an appointment.
Contact Information:
To contact me, you can go to vulawoffice.com
Website: Orange County Criminal Defense Attorney | Law Office Of Hieu Vu
LinkedIn: Hieu Vu | Tustin CA
Twitter: Hieu Vu (@Hieuvulaw) on X
Facebook: Law Office of Hieu Vu | Tustin CA
Instagram: Instagram (@hieuvuesq)
Yelp: Law Office of Hieu Vu - Tustin, CA
Appointments: Law Office of Hieu Vu, Orange County DUI Attorney
Phone or Text: 714-589-3063
Law Office of Hieu Vu
18002 Irvine Blvd #108
Tustin, CA 92780
Music: www.bensound.com
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LifestyleTranscript
00:00Welcome back to our channel where we decode complex legal topics.
00:05I'm Hugh Vu and in today's episode we're delving into the intricacies of
00:09expunge records and the impact on background checks.
00:12Understanding this is crucial for anyone who's gone through the expungement
00:16process or is considering it.
00:19The first thing we want to know is what happens to your record after
00:23expungement.
00:25What happens is that the expungement process involves reopening your case,
00:30changing your guilty plea from a guilty to not guilty and then dismissing your
00:36case. However, these records are still around.
00:42They still show up on various types of background checks.
00:45Some of these background checks can be the type that's run by the government.
00:50For example, if you applied for a law enforcement job,
00:55they will see these. However,
00:58they cannot use it against you. It's against the law, but they can see it.
01:02Other government background checks can also see it. Let's say for instance,
01:06if you run a rap sheet, however,
01:09for general purposes and employment purpose, however,
01:13for employment purposes, they cannot use it against you,
01:18but they can use it against you. If you do not disclose,
01:22that's something to think about.
01:24And that leads us to our next type of question is the types of background
01:29checks that's being run against you.
01:32There's different types of background checks. Let's say for instance,
01:35if you apply for a job at a company at UPS or at McDonald's,
01:42if you run a background check with them and you have an expungement,
01:47they cannot see it. And if they do see it,
01:51there are laws against them using it against you.
01:55So what they do to protect liability is that they run a third party background
02:00check company. And the third party background check company is,
02:05it is their duty to make sure that they do not report any type of information
02:10that they inadvertently collect that may include an expunge conviction.
02:15That's the first type of background check.
02:18The second type of background check is the one that I mentioned a while ago.
02:22This one involves the criminal background check or the type that law
02:27enforcement has. Let's say for instance, if you get pulled over,
02:31they do have access to your entire record.
02:34The third thing to think about kind of touches on what we've talked about
02:38already.
02:39There are limits to what employees can use for the purpose of making decisions
02:44on whether or not they hire you or not.
02:47The biggest one is going to be whether or not there's a conviction or not.
02:52They can only use it by it. I mean convictions.
02:56If they inadvertently run into anything else, arrest records,
03:01they cannot use it.
03:02If they're inadvertently run into a conviction that's been reopened and
03:06dismissed, otherwise what we call expunge conviction,
03:10then they cannot use it.
03:12There are laws that protect you from employers using expunge convictions.
03:17There are laws out there that subjects them to legal penalties.
03:21If they violate this, these laws are respected and serious.
03:27You do have protections,
03:29but the most important thing is to remember that you do have an advantage when
03:35you get an expungement.
03:37The only people that has access to your criminal record and the full criminal
03:41record will be the government. However,
03:44you also have to understand who has access to your complete criminal records and
03:48that's only them.
03:51They do use it for law enforcement and licensing purposes. However,
03:55even for licensing purposes, they cannot use it against you.
04:00But the most important thing to remember is to disclose.
04:04And when I say disclose, that means avoid shooting yourself in the foot.
04:09A lot of common errors I see is people who have an expunge record but fail to
04:14disclose it. They say they have no convictions.
04:17This can often get in the way and delay licensing.
04:22It's very important that you consult with an expungement attorney to help you
04:26navigate these legal complexities.
04:29Even after you clear your conviction,
04:32having an attorney while you clear your conviction also helps you see the
04:37potential pitfalls that habits.
04:42The bottom line is that expungement can be a powerful tool for a fresh start,
04:46but it's essential to understand its limitations and navigate them wisely.
04:50Remember the right legal guidance can make all the difference in fully utilizing
04:54the benefits of expungement. If you have questions,
04:57please use the comment section below or you can reach out to us at our phone
05:01number or use the make an appointment button. Thank you for watching.