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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
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Experience:  Licensed attorney with 28 yrs. exp. in criminal law
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criminal record.

Resolved Question:

 If my criminal record got expunged in the State of Kansas, will that take effect in all the states and would my back ground check becomes clear every where?

Submitted: 1 year ago.
Category: Criminal Law
Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for your question. If an arrest, or conviction, is expunged, then it will be expunged in the State of Kansas, if that is where the record is. The effect though is that no matter what State you would apply for a job in they would access the same record, Kansas, and if it has been correctly expunged, it will not come back as a conviction or arrest. That said, expungement has no effect on checks done through the National Agency Check for law enforcement or a job that requires special background checks, such as those which require security clearances, law enforcement or licensed sort of professions, such as doctor, nurse, lawyer, etc. In other words, if the job is not just a regular job and requires special background checks, they will do a law enforcement National Agency Background check and that will turn up any arrest and conviction whether it has been expunged or not. An expunged charge does not erase it, it merely protects it from release to most prospective employers.

Please let me know if you need any clarification. I would be glad to assist you further if I can.

Customer: replied 1 year ago.

To be more specific, I am a pharmacist that had a diversion agreement that will end soon, I have licenses in 4 states including KS, if expunged, how that will affect my back ground check when I apply for a job?

Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for your reply. I apologize for the delay in getting back to you but I was out of the office for a short while. In any event, if you entered a plea agreement for a diversion, that means that there will never even be a "conviction" since your charges will be dismissed once you successfully complete your diversion period. However, you will still have an arrest record and the record of the diversion itself (but again this is not a conviction even before an expungement.) All that said, the State licensing agencies will do an FBI background check, as I touched on in my initial answer, and the arrest and diversion will be on that record, even if you have it expunged.
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17312
Experience: Licensed attorney with 28 yrs. exp. in criminal law
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