Criminal Law Questions? Ask a Criminal Lawyer.
When you mention it doesn't show up, was the conviction expunged? Or were you arrested but not actually convicted?
Never went through a process to have it expunged. But at the time I recall my lawyer saying it would be removed from my record.
My name isXXXXX'm a licensed attorney. Glad to try and help out.
I'm pleased to share the following information with you, as follows.
Yes, you should make the disclosure, and here's why. It's great that the entry isn't showing up, but here's where a lot of misunderstanding arises. Even though you've scored this victory, your criminal history will not be purged from law enforcement records, period. In other words, while it's indeed not available in the public records, such as for employment applications, it will always remain in the official governmental records. Let's assume (just hypothetically, of course), that you're prosecuted for murder. You can't simply rely on the removal (through formal expungement, automatic removal, or any other means) at that point, as the prosecution will have knowledge of your prior record, regardless of what took place earlier on. When an inquiry is made into your past, and this means both federal and state records, the authorities will report back (to the inquiring agency or employer), “no record”. In other words, while to the rest of the world the reply will be negative (say in applying for a job and so forth), it will still be viewable by the government, including U.S. Customs and Border Protection. It's really no big deal, though, in all candor, as this isolated offense from so many years ago shouldn't prevent any huge roadblock to clearance through the Trusted Traveler Programs. However, holding back -- meaning not owning up to it -- will be taken as an indication of deception and would could against you in terms of character. So, the botXXXXX XXXXXne is the very best approach is full disclose upfront by volunteering the information and don't even wait to be asked precisely.
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I truly hope all works out for you.
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