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JD, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1335
Experience:  Over 11 years of practice in litigation including 10 years as a state prosecutor
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In my divorce (current), my husband has put all sorts of lies

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In my divorce (current), my husband has put all sorts of lies about my character on one of his interrogatories. It has been scanned in court documents at the 30 status hearing. I was arrested once, 12 years ago and it was suppose to have been expunged. I don't know if it has.

2 questions:

is this now "permanently" on record for anyone to see as public info. of a divorce?

How do I find out if it's been expunged?

1. Yes. Though your divorce records would not show up on a background check or any form of police inquiry into your arrest record, divorce files are generally public record and available for inspection upon request. You do have the option of asking the court to seal the record if it contains information or allegations which are false and could harm your reputation. Generally I have found that courts are amenable to sealing portions of the record which contain outrageous allegations when their truthfulness is at issue.


2. It is pretty hard to tell if a record was successfully expunged if it was expunged. The reason is that if a record was expunged then you shouldn't be able to find it. So the easy answer would be to contact the clerk of the court and see if they can find your record. If they can, it probably hasn't been expunged. If they can't then it probably has. You can also contact your old attorney and ask them to pull your file to see if an expungement order was ever done. Finally, you can also run a criminal history on yourself to see what turns up. There are several sites online that offer this service, or you can check out your state site that describes how to accomplish this...,2096,67862954_67866875,00.html


Please reply if I can help further.



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