Yes, Certain People Can Still See Your Expunged Record
Have you been told that when you get an expungement, your criminal record is permanently erased? An expungement does not erase your record. An expungement seals your criminal record from public view. There are still people and agencies who can see your criminal record.
According to Louisiana Code of Criminal Procedure 973, the following agencies and situations can trigger a request to unseal your expunged criminal record:
a member of a law enforcement or criminal justice agency or prosecutor who shall request that information in writing, certifying that the request is for the purpose of investigating, prosecuting, or enforcing criminal law, for the purpose of any other statutorily defined law enforcement or administrative duties, or for the purposes of the requirements of sex offender registration and notification pursuant to the provisions of R.S. 15:540 et seq.
On order of a court of competent jurisdiction and after a contradictory hearing for good cause shown.
The person whose record has been expunged or his counsel.
a member of a law enforcement or criminal justice agency, prosecutor, or judge, who requests that information in writing, certifying that the request is for the purpose of defending a law enforcement, criminal justice agency, or prosecutor in a civil suit for damages resulting from wrongful arrest or other civil litigation and the expunged record is necessary to provide a proper defense.
Applying For a Professional License or Certification
There are many people who run into trouble, when they apply for professional licenses and certifications. They mistakenly believe that because their criminal record has been expunged, they do not have to report it on professional licensure and certification applications. This is far from the truth. These professional boards ask you this question for a reason, to determine if you are trustworthy and honest regarding your criminal background. After all, receiving a professional license or certification is a big deal and it comes with a great responsibilities often in the form of ethical, medical, and fiduciary duties to your clients.
The following Professional Entities may request the Court to unseal your expunged record:
The Office of Financial Institutions,
The Louisiana State Board of Medical Examiners,
The Louisiana State Board of Nursing,
The Louisiana State Board of Dentistry,
The Louisiana State Board of Examiners of Psychologists,
The Louisiana Board of Pharmacy,
The Louisiana State Board of Social Work Examiners,
The Emergency Medical Services Certification Commission,
Louisiana Attorney Disciplinary Board, Office of Disciplinary Counsel,
The Louisiana Supreme Court Committee on Bar Admissions,
The Louisiana Department of Insurance,
The Louisiana Licensed Professional Counselors Board of Examiners,
The Louisiana State Board of Chiropractic Examiners,
or any person or entity requesting a record of all criminal arrests and convictions pursuant to R.S. 15:587.1, or as otherwise provided by law.
To put it frankly, be 100% honest and forthcoming about your expunged criminal record, on your application! The above named boards and entities can request to unseal your criminal record.
If you have a Louisiana criminal record that you would like to be expunged, and unsure of your options, please visit www.belleterrelaw.com/expungement to fill out an expungement consultation form and book your appointment.