Question:
Just a quick question,. Anybody here ever had there record Expunged?
and if so Exactly what happens.
Got a very close friend talking about doing that , seems to me if you problem was a long time ago like his that you might be digging up problems.
Thanks

Answer:

I think it would be a good idea with a felony. A lot depends upon the laws of each state. If an individual is planning to bring a motion to expunge a conviction, he should hire an experienced criminal defense lawyer in the state where the conviction is of record.

Answer:

Expunged doesn't mean much. I was arrested once 34 yrs ago when a couple of over zealous Chicago cops found a pocket knife in my jacket pocket and the court dropped the charges and said the record would be expunged. During a recent traffic stop a TX State Trooper asked me if I'd been arrested. I said no and felt like an idiot a moment later when the radio in the squad car announced : Chicago, 1971,....Unlawful Use of a Weapon.

Answer:

"Expunge" as in "get the conviction expunged" usually only removes the record of any conviction ....
.... while the record of arrest usually stays intact.
There are several reasons for leaving the arrest record intact.
Arrests are not the findings of a trier of fact but are incidents which took place, and records of them stand. They do not always result in convictions.
Convictions are "findings of guilt" by a trier of fact, they are opinion, they result from prosecutions (as do aquitals).
Most employers, insurance co.s, etc ... ask about "convictions". There is a difference, and the question, when asked, should be answered with that in mind.

Answer:

Just a little something. If your friend is trying to get into Canada by having his record expunged, aint gonna work.
The Canadians use INTERPOL & they don't remove anything. Anything the US ever had on you is enshrined in their system forever.
From juvenile offenses to DUI's of 25 years ago, everything. If you were arrested & spent any time in lockup, they'll know.
bc

Answer:

I was a bit brief in my prior post.
The thing about the records is they are kept at many different levels by differing agencies (as noted in bobc89431's post above).
Example ... a judge in Chcago can cause the record of a conviction to be expunged from the files of the courts over which he presides, but the records of the charge as entered into Ill state data bases and NCIC will stay (he cannot order the records of an arrest that was most certainly made to be erased or expunged from another entities data base, nor will you ever find one inclined to do so even if he could).
It is very likely that the record of the conviction, if entered in those data bases, will also stay unless someone takes the time to go change the entry ... if the court forwards the order to them.
Because of the way records are maintained ...
(and it ain't likely to change much anytime soon as there is simply no way maintainers of state and federal criminal record data bases so dear to law enforcement are going to let outside entities muck with the entries)
... when doing a background investigation or preparing a case for court involving the proof of prior violations (like if charging a second or third DUI, etc... ) I find the offense entry using these state or federal (NCIC, etc ...) records, but then correspond with the court listed directly and obtain a certified copy of the conviction order for presentation in my case to prove the prior offenses.
If by some very strange quirk (it is rare actually), it was expunged, that is when the expungement shows up because the record of conviction isn't found ... as just a copy of the court order ordering expungement is found in the file.
Yet, the criminal records still show a conviction ... or maybe simply no disposition is indicated (very common in years past as records of conviction often weren't forwarded as readily as records of arrests, nowadays the courts forward them directly after trial).
I don't do all this in all cases (not even most cases), ... just those where proof of the prior conviction is reqired to make the case if charged as an elevated offense. I do not have to do it just to be able to show a judge a drivers record as obtained from DMV for purposes of determining punishment because at that point, I have already presented my case and the judge has decided guilt, he's just looking for some input of prior history now.

Answer:

Agreed. Arrest really "means" nothing. Conviction means everything.
2) About the Canada thing:
I've been arrested twice (never convicted of anything). I am planning on going into canada very soon. If asked, should i tell them yes and if so what are the implications?

Answer:

I used to run Canada fairly frequently. I have never been asked whether I have been arrested. I have been asked for my birth certificate. There is supposed to be a new law where we will need to have a passport to reenter the U.S. I am not sure whether the law has yet passed, but they were trying to get it done. Just make sure all your bills are in order and everything is bar coded. They really like that at the border. You should also make sure to have an extra manifest with you, just in case your broker forgets. It can be a $5,000 fine coming back into the U.S.

Answer:



Answer:

Here's the caveat. Depending on the infraction you might be tempted to say nothing and hope they don't find it.
I think that's a mistake. I would be honest with the immigration people for even the slightest infraction if they ask. Their laws are different from ours. Their laws may not carry the same penalties as a similar offense here. What might be a reason for us to not let someone across the border may not be enough reason for them.
It will be more of a reason to bar you from crossing for lying to them than the original reason you got arrested. I was arrested many years ago. I only spent a few hours in jail. I had almost forgotten about it because it was just a few hours. I remembered it just in time. They found it just as I was telling them. I'm glad I fessed up to it. I was told had I not fessed up and they found it, that would have been enough reason to keep me from crossing even though the offense alone was not.
As I said, they will find anything & everything on you. It's better to be upfront and not lie to them. They don't like being lied to.

Answer:

i have a question?
I had a 2 year sumM suspension in 1991, I completed all the court order requirements, In jan-o5 i get a dui and completed the 6 month sumM of suspension and paid the reinstatement fee. the dmv never received the 1991 ticket until aug-05 and revoked my dl for the 1991 conviction. Is their any recourse to get the old ticket back to court.? And are their any statue of limitations on reporting 14 year old tickets. mtd 726 (illinois)

Answer:

It almost sounds like you should be able to go back to the original court, obtain the records of reinstatement and present them to the new court.
Maybe there's more to it than that?
This is why I have kept any of the tickets I've ever received / paid in a lock box.
I've seen this exact thing happen many times before.
Even in this age of instant communication, important info like this gets lost or not reported where it needs to be.

Answer:

I picked up a record in the 70's and found out there were complications about crossing the border when they asked one day if I'd ever been arrested. I said yes, and after searching the computer for a bit, they turned me around and told me I couldn't cross till I got myself a pardon and a border crossing card. Well, it took the better part of 9 months and about $75 to get the pardon, and then I could apply for a card to allow me into the states. Can't remember the issues about the card, but I did get it, and another when I lost the first one. Now there are some that look at the card and don't know what it is, and some tell me that it's like gold because the new rules make you get some sort of pass every year, and it's expensive. For now, I can get a 6 month addition to my passport that costs $5, and all I have to do is show the passport with the card in it, and my border crossing card. Also have a FAST card, so they have my life's history in their computers and I have no troubles at all at the customs and I cross a lot with my job of driveaway driver. I do know that a lot of the US drivers from our company get turned back at the customs because of records, and they find it difficult to find drivers that will come up just because of that. I'm pretty certain that the only problems they have is with convictions, not arrests, but I guess it won't hurt to tell them the truth, as they likely have it in thier systems anyway.