Can Police See Expunged Records?
Understanding Expungement
Before diving into the question of whether police can see expunged records, it’s essential to understand what expungement is. Expungement is the legal process of sealing or destroying a criminal record, making it inaccessible to the public. The goal of expungement is to provide individuals with a second chance, free from the stigma and potential consequences of a criminal record.
Can Police See Expunged Records?
The short answer is: it depends. While expunged records are not available to the general public, there are certain circumstances where police may still have access to or be able to discover the information.
Access to Expunged Records by Law Enforcement
Here are some scenarios where police may have access to or discover expunged records:
• Investigative Purposes: Police may access expunged records during an investigation, particularly if the individual is suspected of committing a new crime related to the original offense.
• Background Checks: Law enforcement agencies may perform background checks on individuals, including those with expunged records, for purposes such as hiring, security clearances, or obtaining a firearms license.
• Collateral Investigations: Police may discover expunged records during collateral investigations, such as a traffic stop or arrest, if the individual is found to be in possession of drugs or other contraband.
• National Crime Information Center (NCIC): The NCIC is a national database that contains information on criminal arrests, warrants, and convictions, including expunged records. Police may access the NCIC database during investigations or when conducting background checks.
Exceptions and Limitations
While police may have access to expunged records in certain situations, there are exceptions and limitations:
• Federal vs. State Records: Expunged records may be kept by federal agencies, such as the FBI, which may not be subject to state-level expungement laws.
• Public Records: Certain public records, such as court records or police reports, may still be accessible to the public, even if an individual’s criminal record has been expunged.
• Disclosure by the Individual: If an individual discloses their expunged record to someone, such as an employer or potential landlord, police may be notified or access the information.
• State-Specific Laws: Some states have specific laws governing access to expunged records, which may vary in their scope and limitations.
Table: Access to Expunged Records by Law Enforcement
| Scenario | Access to Expunged Records |
|---|---|
| Investigative Purposes | Possible |
| Background Checks | Possible |
| Collateral Investigations | Possible |
| National Crime Information Center (NCIC) | Possible |
| Federal Records | Not guaranteed |
| Public Records | Possible |
| Disclosure by the Individual | Possible |
| State-Specific Laws | Variable |
Conclusion
In conclusion, while expunged records are not typically accessible to the general public, there are certain circumstances where police may have access to or discover the information. It’s essential to understand the exceptions and limitations to ensure that individuals who have had their records expunged are not unfairly affected. If you’re concerned about your expunged record being accessed, it’s recommended that you consult with an attorney or legal professional to understand the specific laws and regulations in your state.
