If I had a misdemeanor charge expunged, must I answer

I pled guilty to a charge of shop lifting in 2007 or 2008. I very recently had the charge expunged from my record. The application to sell insurance in the state asks if you were ever found guilty of a misdemeanor, I’m guessing I must answer

Asked on October 5, 2017 under Criminal Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Actually, if the matter was expunged, you do not have to disclose it. The whole point of an expungement is to make the matter "go away" so as to not impact your future; except for certain very limited purposes, not including for employment applications, it does not have to be disclosed to anyone. The whole point of expungement would be undercut or negated if you had to disclose it on job applications or the like. So you may answer "no" so long as the expungement has been completed or gone through.

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