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Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 19693
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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If someone exposes a sealed expunged record can they get

Customer Question

If someone exposes a sealed expunged record can they get into trouble
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Arkansas
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: No
Submitted: 2 months ago.
Category: Criminal Law
Expert:  Marsha411JD replied 2 months ago.


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?

Customer: replied 2 months ago.
Ok I'm running for election, had to put my pardon etc in paperwork when I filed , but I was told by lady at state since they're sealed its not public knowledge just knowledge for courts n law enforcement
Expert:  Marsha411JD replied 2 months ago.

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.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 2 months ago.

Hello again,

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.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

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:

Thank you.

Customer: replied 2 months ago.
All records are sealed and the person got a hold of them somehow through court clerk and person knew before hand (he is police officer/mayor) and still posted sealed records. You can't do that
Expert:  Marsha411JD replied 2 months ago.

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.