Can an expunged record be reopened?

Asked by: Dr. Scottie Steuber IV  |  Last update: April 13, 2025
Score: 4.1/5 (41 votes)

Expunged offenses are cleared from the record forever, while sealed records can technically be reopened by court order.

Can an expungement be reversed?

Rest assured that the expunged crime will not be reversed, meaning it will still be invisible to employers and landlords during a background check. However, law enforcement and the criminal court can use your expunged crime against you after a new arrest.

Will an expunged record show up on a federal background check?

A Level 2 FBI Background Check

A Level 2 check will even uncover those sealed or expunged records – especially if they involve the mistreatment of children, the elderly, or the disabled.

Can a judge see an expunged record?

If you are arrested again for another crime, law enforcement agencies, prosecutors, and the criminal court may still be able to see your expunged records. The court can use your prior conviction against you as allowed by state and federal law.

What agencies can see expunged records?

Who Can See My Criminal Record after It Is Expunged?
  • Criminal justice agencies (court administrative jobs, positions with juvenile court or state prisons, police officer jobs)
  • Human service agencies (social work positions, probation officer positions, counselors)
  • Department of Education (working in a public school)

Can a Sealed or Expunged Record Affect Your Gun Rights?

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Can the government see expunged records?

Thus, private employers, friends, family members, etc., will no longer be able to see your expunged record. Government law enforcement agencies, on the other hand, will still have access to your criminal records even if they have been expunged.

Can I join the military with an expunged felony?

Fortunately, there is a way in which individuals who have acquired a criminal record (whether convictions and charges have been expunged or sealed) can still enlist. Interested applicants must obtain a criminal record waiver.

How to find out if your criminal record has been expunged?

You can contact the court that issued the expungement order to determine if your records have been successfully expunged or sealed.

Can I get a federal job with an expunged record?

Expunged Records

Besides narrow circumstances such as hiring for public safety-related positions (e.g., law enforcement) and those that require security clearances (such as some federal employment), an expunged record is unavailable to businesses and likely illegal to use for any employment purposes.

Will a felony show up on a background check after 10 years?

Under Cal. Civ. Code 1786.18(a)(7), California mandates that a conviction can't be reported when it's older than seven years. Arrests that didn't lead to convictions can't be reported regardless of how much time has elapsed.

Do you have to disclose expunged records for security clearance?

If you do not disclose your expunged charges on your security clearance application, you could be denied a security clearance. You could also be subject to other consequences, such as disciplinary action from your employer or even criminal prosecution.

How many times can you expunge your record?

There are no limits to how many times you can file a petition for a Section 1 expungement, and they may be filed even if the individual has previously filed for expungement of convictions.

Can employers see sealed records?

Records of your sealed cases should not show up on most background checks or on most RAP sheets. Some agencies and employers will have access to your sealed records if they request them from the court. The following agencies and employers may access your sealed records: “Qualified agencies” (defined in Exec.

How far back can a federal background check go?

In states like California, criminal background checks go back seven years. However, some states allow a deeper look into your past if the job pays a higher salary (usually over $75,000). Some government jobs or jobs with access to sensitive information may allow - even require - background checks further.

Will a sealed record show up on a gun background check?

If your records are sealed, there are limited situations where your sealed criminal arrest, charges, and conviction may be seen and used against you. This includes: Police searches. Applying for firearm ownership and a carry permit.

What fails a federal background check?

But it's not just crimes. Discrepancies in your employment or education history, major financial problems, or even lying on your application can trigger a failed check. For jobs requiring security clearance, a history of drug use, financial instability, or even risky personal relationships can raise red flags.

Does your criminal record clear after 7 years?

Some people have the misconception that their criminal record will “clear” after a period of 7 years. This is a misnomer. Although your criminal record does not automatically clear after 7 years, you can take steps to have your case expunged or your record sealed.

Can local police see expunged records?

Courts, law enforcement, prosecutors, and other criminal justice agencies can access expunged records for future criminal investigations and charging and sentencing decisions.

Can the FBI find expunged records?

FBI background checks, particularly those using Live Scan fingerprinting, are comprehensive and can uncover expunged records. However, legal protections may prevent employers from considering expunged convictions during hiring. For more updated expungement law in Florida, read this: Florida New Expungement Law in 2024!

Can MEPS see expunged records?

Although some employers and landlords may not be able to see your expunged criminal record, the military can. For this reason, it's essential not to lie or conceal information during your recruitment interview. Even if you've had a criminal offense expunged, the military will still find out about it.

What felonies disqualify you from the Army?

Drug sale, distribution, or trafficking (including marijuana) Pretrial restraint, including being released on bond or parole. Arson, grand theft, kidnapping, and involuntary manslaughter. Two or more DUI/DWI convictions within the past five years.

How far back does the Army background check go?

All investigations cover the last 10 years of an individuals' background and consist of checks of national records and credit checks. They can also include interviews with individuals who know the candidate.

Can you pass a level 2 background check with a felony?

Potentially disqualifying offenses for a Level 2 background check include serious criminal convictions such as violent crimes like murder, assault, and kidnapping; sexual offenses like sexual assault and child molestation; and major drug-related crimes such as drug trafficking and drug manufacturing.

Can felons get Global Entry?

U.S. Customs and Border Protection (CBP) conducts a thorough background check on all applicants, and felony convictions are red flags that trigger heightened scrutiny. However, a felony conviction doesn't automatically disqualify you from Global Entry.

How many records can you get expunged?

As a general rule, you can have two convictions expunged (one felony and one misdemeanor or two misdemeanors). Minor misdemeanors don't count when counting your convictions (charges that didn't carry any jail time). There are some limited situations where you can have more than two convictions expunged.