What will happen with jobs if I’m currently in the process of expunging my arrest?

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What will happen with jobs if I’m currently in the process of expunging my arrest?

I was arrested but not booked for petty theft; I went through diversion so was not charged. I’m now in the process of sealing the record this past week but I have to get an FBI BCI check for a camp counselor job in the next week and student teaching in just a few months. What will show up? How long before it is no longer visible? Do I mark that I was convicted on applications?

Asked on May 30, 2016 under Criminal Law, Ohio

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Until you have an official court order that says your record has been expunged, then you have to answer that you have been charged for this offense.  Once the judge declares your history expunged, then you can officially say on any employment applications that you have not been arrested for this offense.
However, just because a judge says 'expunged' on Monday does not mean that all of the agencies will instantly know on Tuesday.  The process can take 30-90 to cycle through all of the agencies that have the information.  From there, the agencies have to update private sector... which could take just as long.
If the judge does grant the expunction, but your history continues to appear on any public or private reports, you need to follow the dispute proceeds for each.  A private report is also considered a consumer report, therefore you have the same rights to dispute any errors in your report just as you would on your credit report.


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