Application After Record Clearance
Application After Record Clearance through legal process of having your criminal record sealed, you might be wondering how to approach the ever-dreaded question on job applications: “Have you ever been convicted of a crime?” The process of expungement or record clearance can be a lifeline for individuals seeking to put their past mistakes behind them and move forward. In this article, we’ll delve into whether you can rightfully and legally state that you’ve never been convicted of a crime on such applications after your record has been cleared.
What Does Record Clearance Mean?
Before diving into the implications for job applications, it’s crucial to understand what record clearance means. Record clearance, often broadly referred to as expungement or sealing, is a legal procedure that allows individuals with certain criminal convictions to petition the court to have those convictions cleared or sealed. Once granted, the conviction is removed from public record or sealed, making it inaccessible for most purposes, including most employment checks.
Job Applications and Your Cleared Record
Now, to the main question: If your record has been cleared, can you legally state that you’ve never been convicted of a crime on a job application?
1. The Letter of the Law: In many jurisdictions, once your record is expunged or sealed, you are legally permitted to state that you have not been convicted of that particular offense. This is because, in the eyes of the law, the conviction has been effectively “erased.”
2. Exceptions to Consider: There may be certain circumstances or specific fields (like law enforcement or jobs that require government security clearance) where you are required to disclose even sealed or expunged convictions. Certain industries and jobs even require certain sealed specific convictions to be disclosed due to relevance of the offense to the job being applied for. Always check the specific requirements of the job and jurisdiction in which you’re applying. In Arizona, A.R.S. 13-911(I)(5) actually lists some of the jobs/industries which still require a sealed criminal conviction relevant to the scope of that job/industry to be disclosed.
3. Employer Policies: While the law might be on your side, some employers might still have policies or practices that seek to know about past convictions, expunged or not. It’s essential to be aware of company policies, although asking about expunged records might not be permissible in all jurisdictions.
Benefits of a Cleared Record
Increased Employment Opportunities: Most employers conduct background checks, and a cleared record can open doors that might have previously been closed.
Peace of Mind: Knowing that a past mistake won’t haunt your future endeavors can provide significant mental and emotional relief.
Professional Licensing: Many professional licenses require disclosure of criminal convictions. A cleared record might make the licensing process smoother.
Conclusion
If your criminal record has been sealed or expunged, in most situations and for most convictions, you can confidently and truthfully answer that you have not been convicted of a crime when filling out a job application. However, it’s always wise to familiarize yourself with the specific laws in your jurisdiction, exceptions to the efficacy of the record sealing, and the policies of potential employers. When in doubt, consult with a legal professional to ensure you’re making infor