Do I need to disclose an expunged arrest during my background investigation when applying for a police job?

I have an arrest in my background for a
class A misdemeanor in Illinois, but it
was immediately Nolle’d and expunged.

I am applying for a police job now,
will this come up in my detailed
background investigation ie LEADS
check, fingerprints, etc.?

Do i need to disclose this? Please

Asked on March 15, 2018 under Employment Labor Law, Illinois


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

As a general rule, an expunged or sealed arrest will not show up on a criminal history background check. However, such records can still be accessed by certain government and militaray agencies. You should consult directly with a local criminal law attorney as to this matter.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

It should not come up and you should not disclose it. The whole point of expungement is to make the offense "go away" as far as your history is concerned and give you a fresh start. Disclosing it voids the purpose of expunging it.

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