If my criminal record was expunged, just what will my employer see on my criminal background record check?

UPDATED: Jul 28, 2011

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If my criminal record was expunged, just what will my employer see on my criminal background record check?

About 2 years ago I got caught at a store stealing. I was fined and put on CDP. Last year I completed my community service hours and paid all my fines. I was told my record has been expunged. Now, will employers be able to see that on my record still?

Asked on July 28, 2011 Florida


G.J., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your record has indeed been expunged, then future employers should not be able to see anything on it when they perform a standard record search.  The standard criminal background check will only show convictions, not charges.  The process of expungement usually requires you to file something with the court after your sentence is completed.  

Even if you did not go through that process to have your record expunged, your record will also be clean if you received a deferred sentence, where the judge sentenced you to probation before sentencing you.  With a deferred sentence, once you complete all of your probation requirements, the judge typically throws out the guilty plea and finding, leaving your record clean.

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