Expert: Robin Sexton - 4/9/2008

Question
4.5 years ago i was convicted of 245 assault with a deadly weapon. 5 months ago it was expunged, and my guilty plea was withdrawn. Can i apply a legally get a job as a county correctional deputy, or will i fail.

Answer
Sam,

Congratulations on getting your record expunged and good luck on your job request.
Expungement records usually mean that the record can not be considered.  Some states may have a caveat for law enforcement inquiry, I don't know about your State.  Let's deal with some truths though. On most applications they will ask you if you have ever been arrested for a crime ?  How are you going to answer that question ?  Lying on a application if it is found out is a sure way to be disqualified.  If you think your arrest and conviction will remain a secret i think is naive.  Secrets don't last.  So what are your options?  If you don't shoot you don't score.  Go ahead and apply, you decide on how you answer the questions.  If you answer negative to the questions on arrest I guess you could always say that you thought the expungement cancelled the arrest.  The routine file check done for most Law Enforcement jobs would not show the arrest and conviction.  If you are denied employment because of the arrest and conviction then you MAY have a action you can take but you would have to consult with a employment attorney.

Good Luck


Robin