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

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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
help.

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

Answers:

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

Answered 6 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 6 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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