When Does an Expunged Record Come Back?

Having your criminal record expunged is attractive to those who have a history of criminal activity because it can make it easier for them to find employment, rent or purchase property, and navigate other situations where a background check is required. However, there are limitations and policies in place that can allow your expunged conviction or record to come back and cause problems for you.

Your Expunged Record Can Come to Light When…

• You are asked to provide all of your records. Once your record is sealed or expunged, it is typically seen as “erased in the eyes of the law.” So when a potential employer or landlord asks if you have a criminal record, you can tell them you do not and normal processes may continue. However, you may be asked to disclose any records that pertain to you to the other party, which may include a record of the expungement itself. It is then up to the asking party whether or not they will investigate this further or not.
• You are a repeat offender. For many crimes, the penalties are more severe for those who have committed the same or a similar crime previously. The prosecutor in your case can access your criminal records, including those convictions that have been expunged, and use a prior conviction to push for harsher penalties for a repeat offense.
• You work for or are applying for a job with a government agency. Background screenings are commonly more in-depth for government jobs than they are for jobs in other industries. This is because many government employees are tasked with handling classified, confidential, or sensitive information on a regular basis. In these scenarios, sealed records may be available to government professionals as they investigate your background and consider you for employment.
• You are a witness in a trial. If you are called to trial as a witness in a criminal or other serious case, the opposition may try to find ways to discredit you in order to get the jury on their side. If you have a serious conviction that has been expunged, it might be able to be used in order to challenge your honesty as a witness in a trial.

Looking for a Criminal Defense Lawyer in Towson, MD?

Albers & Associates has been providing superior criminal defense to those in need throughout Maryland for many years. Our expertise enables us to give our clients the attention they deserve from beginning to end of their criminal cases. If you have additional questions regarding an expunged record, or need legal services in Towson, MD, reach out today to schedule your free consultation.