What Is The Best Way To Ensure A Charge Was Really Sealed?
If you’re worried that your sealed record still shows up, there are a few ways you can check. The best way to ensure a charge was really sealed. A number of services exist, for a small fee, will run a background check. A service like that is one option to see what still shows up on a person’s record.
Does Someone Need To Tell People They Were Convicted Of A Crime If It Has Already Been Sealed?
Does The Person Need To Mention A Sealed Conviction To Anyone Other Than The Judge?
No, once a record is sealed you can legally and honestly say that the conviction, arrest or dismissed case does not exist. The exception is if the person is applying for a job that requires access to even sealed records.
How Should Someone Answer Questions If They Were Applying For A Firearm?
Certain crimes take away a person’s rights to own a firearm. In most cases, having the record sealed restores the person’s right to have firearms and they will be able to purchase one. If the person is not eligible to have a firearm or if they are not eligible to have their record sealed, there is an application process specifically for the ability to have that right restored.
I have handled a number of cases where the person was not eligible for sealing, but we were able to apply for what is called “relief from firearms disability.” Certain crimes result in a “disability” – namely, the person is no longer allowed to own a firearm. We can file an application for relief from that disability. If the court grants it, then regardless of the person’s conviction they can still own a firearm.
What Do You Do If An Employer Sees Charges That Were Supposedly Already Sealed?
In most cases when that happens it is just a matter of the paperwork not having had time to circulate to all the right agencies. Once the record is sealed and a judge has signed the order that order still needs to be sent to the agencies that maintain those databases. Sometimes there can be a delay of a month or so before it gets processed through all the right systems. In that case, it is just a matter of waiting it out.
When the record gets sealed, the person receives an order signed by the judge and certified by the clerk. The person can show that document to whoever ran the background check, because sometimes these situations do happen. It unfortunately does not undo the damage of the employer seeing it in the first place, but at least it lets them know that the person’s record has been sealed.
It is also a possibility that one of the third party vendors I mentioned earlier may have an outdated database that still contains the sealed record. We would then have to contact that vendor directly and have them remove the record.
Visit our office for more information on what happens after your record is sealed and if your sealed record still shows up, an initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (440) 409-7898 today.
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