Criminal Law Questions? Ask a Criminal Lawyer.
Thank you for your question, however, I will need the context of your question in order to assist you. In other words, how is the information being "exposed" and how did the person who is exposing it come to know about the expunged criminal information? Who are they in relation to the person who's record it is and what are they using it for?
Thank you for your response. If someone knows of your prior conviction that is not controlled by confidentiality laws, then they could share their knowledge with anyone. In other words, other than your attorney, or a doctor, or the State criminal records division, anyone else can always discuss their general knowledge about your past. The only thing that expungement does is keep the criminal records division from granting access through their records to unauthorized 3rd parties, like employers. However, any employer that requires an FBI fingerprinted background check will still have access to the complete criminal record. They cannot use the record as a record of a "conviction" but will still see the underlying charges and disposition. But again, there is nothing unlawful with someone that you know or knows your background to discuss anything that is truthful in that background.
If they make a false statement that they know is false, or should know, then that would be defamatory.
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I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 17th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.
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In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/
That's correct and what I said. If someone got these records without permission, and didn't know about the criminal information from public records, then that would be a violation of the law to access them, so their release would violate your right to privacy.