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If you have successfully gotten a 1203.4 dismissal ("expungement"), it does NOT mean that the conviction is wiped away, sealed, purged or destroyed! The arrest is still there, charges are still there, but technically the conviction is "set aside and dismissed".
Expungement vs. Record Sealing. The key difference between expunging a person's criminal record and sealing it is that a sealed record still exists in both a legal and physical sense, while expungement results in the deletion of any record that an arrest or criminal charge ever occurred.
The Limits of Expunging Your Criminal Record. If you've successfully expunged, or sealed, your criminal record, in most situations you can answer No when asked whether you have a record.
For the most part, private employers, landlords and others who perform a background check on you will not find your expunged records. After your record is expunged, in most states you are legally permitted to answer "no" when asked about criminal records on employment or rental applications.
7 years for Felonies (except felony drug possession offenses) 5 years for Class A Misdemeanors and felony drug possession offenses. 4 years for Class B Misdemeanors (except DUIs) 3 years for Class C Misdemeanors and Infractions.
In some states, once sealed or expunged, all records of an arrest and/or subsequent court case are removed from the public record, and the individual may legally deny or fail to acknowledge ever having been arrested for or charged with any crime which has been expunged.
It can take several months for BCI to process your request. Once you receive your certificate, you will have 90 days from when it was issued to file it, along with the Petition to Expunge Records, with the court. If the certificate expires, you will have to request a new one.
In a Nutshell: Expungement has legitimate value for employment purposes and recently, due to recent new laws, in professional licensing. However, expungement does not erase, delete, remove or, like a sponge cleaning up a spilled drink, restore one's record to appear like nothing happened.
Definition. Expungement means that all affected records shall be sealed and that the proceedings to which they refer shall be deemed never to have occurred.A nurse whose record has been expunged may properly reply that disciplinary records do not exist upon inquiry.