Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

This is in regards XXXXX XXXXX expungment that I had granted a couple

Customer Question
of years ago.. I am applying...
This is in regards XXXXX XXXXX expungment that I had granted a couple of years ago..
I am applying to become a mortgage broker in my state. This is a very regulated industry and one must undergo a criminal background check (performed by the FBI). The offense that I got expunged in my State was for concealment. (shoplifting). The disposition of the matter ended up receiving a deferred prosecution, so no conviction.
One of the questions that the licensing application asks in its criminal disclosure section is:

Have you ever been convicted of or pled guilty or nolo
contendere ("no contest") in a domestic, foreign, or military
court to any criminal offense involving dishonesty, breach of
trust, or money laundering or agreed to enter into a pretrial
diversion or similar program in connection with the
prosecution of such offense(s)?

Since an expungment seals a charge, am I obligated to select YES?

Thank you in advance....
Submitted: 6 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 8 minutes by:
4/1/2011
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 years ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,739
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified
Hello Jacustomer,

You would be expected to answer "Yes." Nothing is ever truly erased from the FBI data base, and nothing is ever hidden from the government. Government agencies, including government employers and state licensing agencies will all be able to see your arrest, your conviction, your dismissal, and your subsequent expungement.

While I'm sure that you were told that after your dismissal and expungement you would have the right to say that you've never been convicted of a crime, there are times when you must of necessity disclose it. This is one of them. If you stand on your right, it makes you look a lot less honest than if you owned up in the first place to what they can already see for themselves.

Good luck!
Ask Your Own Criminal Law Question
Customer reply replied 6 years ago

I understand your response on the moral/ethics grounds, however, my livelihood is depending on this license:

Here is some information that I found on NC expungment procedures:

The arresting agency deletes the record from their files and attaches a Final Disposition Report (R-84) form. The arresting agency then forwards the Order to the SBI where it is processed. The SBI notifies the FBI to remove their record.

Note, I already confirmed that the SBI has removed this from their records.

Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 years ago
Jacustomer,

I understand your point too. There are two schools of thought as to this. That SBI orders the FBI to remove it does not mean the FBI will comply, although one hopes it would. The Federal government has its own interests for keeping records in their data base, and those may override state concerns.

You have the right under the law to deny you were ever convicted of a crime. By all means if you are more comfortable standing on that right, do so. It would not be fraudulent. If the FBI complies with what the SBI asked for you should get your license.
Ask Your Own Criminal Law Question
Customer reply replied 6 years ago
Relist: Answer quality.
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 years ago
Hello,

I see that you have relisted the question. I will opt out to see if another expert wants to take it on. However, I doubt that the answer you want is to be had. Nobody can possibly guarantee what the Federal government will actually do, only what they have been asked to do. Federal law trumps state law and if as a matter of policy it chooses to count a diversion disposition as a conviction, they will.

Good luck with your application.
Ask Your Own Criminal Law Question
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,739
28,739 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

Zoey_ JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
My girlfriend was charged with a criminal offense and is
My girlfriend was charged with a criminal offense and is using the local version of the "Public Defender" as her attorney. This particular case is a misdemeanor, but it relates to a felony conviction … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
If I have gotten my record expunged can third party
If I have gotten my record expunged can third party companies still make my information available to the public … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
My girlfriend was charged with a criminal offense and is
My girlfriend was charged with a criminal offense and is using the local version of the "Public Defender" as her attorney. This particular case is a misdemeanor, but it relates to a felony conviction … read more
Bill Attorney
Bill Attorney
law
1,607 satisfied customers
How does Calif DOJ typically take to update a criminal
How long does Calif DOJ typically take to update a criminal record? I had a felony reduced then expunged under penal 17b a year ago this month. I did a livescan dispute in May last year, they responde… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can someone release my criminal records to my employer?
Can someone release my criminal records to my employer? Also, can I sue my ex-girlfirend if she cause me a problem at my job by releasing my old record?… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
How can I get my misdemeanor expunged without going through
How can I get my misdemeanor expunged without going through a lawyer? Can I file it myself? Also how long is the process?… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,739 satisfied customers
I had my felony expunged and have spoken with my attorney
I had my felony expunged and have spoken with my attorney who stated that my rights civil right and privileges were restored and it is as if I was never arrested and, subsequently convicted of the cha… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
2,063 satisfied customers
In criminal court, I understand that when an accused has
In criminal court, I understand that when an accused has Clemency from the State Board of X that it can not be held against the accused.So what about in civil court?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
I have an expungement from 1988. New employer is doing a
I have an expungement from 1988. New employer is doing a finger print background check..will it show up even with an expungement … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
How can you expunge a misdemeanor conviction in pennsylvania
how can you expunge a misdemeanor conviction in pennsylvania for a minor domestiv violence incidnet where the father in law and boy friend came to grappling with each other no one was hurt. the old ma… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,720 satisfied customers
Can I get a 2005 felony conviction expunged with a 1994
Can I get a 2005 felony conviction expunged with a 1994 misdemeanor conviction in NC … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,739 satisfied customers
My criminal case was dismissed without prejudice for
My criminal case was dismissed without prejudice for sexual aggravated assault on a child,case could not be proven beyond a reasonable doubt.can this case be brought back to court and long will it sta… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,720 satisfied customers
I have a question about procedure in criminal court in
I have a question about procedure in criminal court in Texas; specifically if there is any way to request a pretrial hearing prior to indicment of a felony … read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If a charge of forgery is expunged, can a charge of fraud be
if a charge of forgery is expunged, can a charge of fraud be used in its place? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
In Ohio, how many criminal cases can be expunged/sealed? I
In Ohio, how many criminal cases can be expunged/sealed? I have been told that the answer is 2 -- whether 2 misdemeanors, or 2 felonies, or 1 misdemeanor and 1 felony. (I realize there are some feloni… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Location PA: Topic: expunge criminal record Criminal Charges
Location PA :Topic : expunge criminal recordCriminal Charges where made back in 2014 and they where dropped in 2015.How do you get this removed from a criminal background check?… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,862 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x