Legal Question in Criminal Law in Virginia

Will my expunged misdemeanor come up in an employee criminal check?

I was arrested in 2004 in Florida, was not convicted, underwent--name removed--diversion program. Subsequently the records have been expunged.(I have recieved the signed expungement certificate from the judge.

At the time of arrest, I had no SSN, so no SSN no. was documented in court. After expungement, I have since recieved an SSN. Is it still possible for my arrest to show up in VA in--name removed--background check?

Am I legally correct in virginia if I answer no to the question - '' Have you ever been convicted of--name removed--crime, or had defferred adjucation, or pretrial intervention?'' - especially since I have now had the record expunged?

Thankyou for your help.


Asked on 9/21/07, 7:37 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Will my expunged misdemeanor come up in an employee criminal check?

If you had any of the above, you must answer truthfully, however, if you went through and successfully completed diversion for your offense in Florida which has now beem expunged, it may be in fact that your case was never in fact formally adjudicated under Florida law--whether deferred or otherwise, in which case you could truthfully answer NO.

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Answered on 9/21/07, 9:29 pm


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