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Stevexo, Criminal Attorney
Category: Criminal Law
Satisfied Customers: 1000
Experience:  Thirty years Criminal Defense
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Criminal Law

Will an expunged misdemeanor show up on a "live scan" finger

printing test for medical school?
Submitted: 4 years ago.
Category: Criminal Law
Ask Your Own Criminal Law Question
replied 4 years ago.
Steven T Greene Esq. Qualified as an expert in Criminal Law,30 years of Criminal Defense trial work. I would be glad to help. The fact that this is a live scan fingerprint, is of no significant when it comes to the type of prior record that can be had with that type of prints. Thus ink prints will bring you the same information as a live scan will. The expunged record will read out on a record check only to the following extent and this is what it says: expunged pursuant to Florida Statute _ _ _ _. So yes it should show upon a live scan for medical school, but will not identify exactly what it was that was expunged. Sincerely, Steve
Customer reply replied 4 years ago.

Steven -

Thank you. I received expungement for a type-b misdemeanor after it was dismissed. Will it show that it was a misdemeanor????

The reason I'm asking is that this medical school states it will only live scan for felonies and sex offender database.

Stevexo, Criminal Attorney replied 4 years ago.
Now in order to answer this I have to accept as true your statement that the school will only scan for felonies and sex crimes. That is very unusual as if you had like 3 DUI's and 2 counts of attempted prescription fraud these would be misdemeanors in Florida where I practice, and you would sure think a medical school would care about these. In my experience they always do a complete record check for a med school just like for a law school. But if you are correct you have no worries at all about your misdemeanor charge that was dismissed, as you have stated they will not scan for misdemeanors, and that is a misdemeanor. So they would not see it is a misdemeanor or anything else as they are not scanning for it in the first place. I also have to correct something that I have said previously. Because this is expunged as opposed to sealed, even if they did scan for it, it would not show at all due to the expunged, under a sealing it would say sealed pursuant to Florida Statute......... But expunged should purge the entry completely. I must add one other thing. Just make sure you do not have to disclose it to them anyway. I say this as to get my Law License something could be sealed or expunged but that will not let me become an Attorney until I disclose it. Good luck and hope this helps. Sincerely, Steve
Customer reply replied 4 years ago.

Steve -

Thank you.

Other quick question....

The FBI is listed on the Expungement Order (FBI Expungement Division) and my attorney said only law enforcement could see it - or if "I applied to the CIA." If this is true - then a live scan for school purposes should not show it???? And as per your previous reply this seems to be the case???

Best way I guess is to get live-scanned - which I'll do tomorrow.

If you have another thought on this matter based on these details I would appreciate it.

Thank you

Stevexo, Criminal Attorney replied 4 years ago.
Correct under these circumstances the live scan for a misdemeanor that was dismissed should not show pursuant to the expungement order. I am curious to see how it comes out, please let me know. Sincerely, Steve