Expert: Jack Toomey - 5/5/2011

Question
QUESTION: I was convicted of a misdemeanor crime in 1990 in Arizona and was told my record would be expunged at 18.  Does that automatically get expunged or was I to file paperwork at age 18 to do that?  Also, if it was expunged, and a backround check is run on me, what shows up?  Does it indicate that there is an expunged record for me?

ANSWER: I can't speak for Arizona since I don't live there and have never been there.

But I have a question for you. The way I read your question you were convicted of a crime while still a juvenile. But that doesn't mean that you were not tried in adult court.  So what was the crime and were you tried in adult or juvenile court?

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QUESTION: I dont really remember but I want to say juvenile court.  I plead no contest and did community service.  It was actually sexual harassment.  I was kissing and petting with a girl down the street and weeks later when she was mad at me for something she called the police on me and said my advances on her were forced which was not true. We were both 13 or 14 at the time.  The reason I am asking is because my wife is in a custody battle over her children with her ex husband.  She has 2 boys.  She is a good, loving mom and he has made many, many false claims against her and because his family has money for attorneys etc, we are beginning a court battle.  We had to hire an attorney and she has to question everyone and I just wanted to know whats going to show up when his lawyers run backround checks on me. I would hate for my past to hurt my wife and boys.  They are good kids and unfortunately suffering from this nonsense there father is doing.

ANSWER: Well that is not "sexual harassment".  Sexual harassment is when you make unwanted sexual advances on a coworker or a subordinate.  Your deal is probably more like sexual assault although if you were both the same age and she consented to it I don't understand how it would be considered a crime.

Either way if this had happened in MY state (of course I am relying on the way you told it) your juvenile record would have been sealed at 18 to anyone except for law enforcement. I suspect that Arizona is probably the same.  

I guess that it is possible that you would be placed under oath at one time or another.  So you should be directing this question to the attorney who you are paying before you answer any questions.  Will this crime show up in a background check?  I doubt it.

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QUESTION: I remember it being called sexual harassment.  She did consent.  She actually initiated it.  I was given a court appointed attorney and I just remember being told if I plead guilty that I would avoid trial and only have community service and the record would be expunged at age 18. Thus, I didn't dispute the charges.  My main question is does the fact that I have a sealed/expunged record show up at all and be questioned as to what the sealed record is?  Or will nothing at all show up?

Answer
What I am telling you is that I don't know.  There is not some national policy about juvenile records and their release.  Each state has its own policy and law.  If you are asked under oath then you would have to answer "yes".  

Since you have an attorney all of these questions should be directed to him/her.  That is the person that you are paying for advice.  Whatever I tell you could easily be a general answer that might not apply to your particular situation.