What Will An Expungement Not Do?
FAQ
Welcome to the informative page on what an expungement cannot do. Benjamin Shettell, MD aims to provide comprehensive information on the limitations of expungement and its impact on health.
The Limitations of Expungement
Expungement is a legal process that allows individuals with criminal records to have their convictions sealed or removed from public access. While expungement offers many benefits, it is vital to understand its limitations to set realistic expectations. Let's explore the aspects that an expungement cannot address:
Impact on Employment
An expungement does not guarantee automatic removal of past criminal records from background checks conducted by potential employers. Although the expunged conviction will not appear on public databases, some employers, especially those in sensitive industries such as healthcare, law enforcement, or financial services, may still have access to sealed records during the hiring process.
It is crucial to consult with legal experts who specialize in employment law to understand how an expunged conviction may affect your career prospects. Transparency and honesty are essential when discussing your criminal history with potential employers.
Professional Licensing
While expungement can provide relief for individuals seeking employment, it does not automatically restore professional licenses that may have been revoked or suspended due to criminal convictions. Licensing boards and regulatory agencies may base their decisions on original criminal records, even if they have been expunged.
If you intend to pursue a career that requires professional licensing, it is crucial to research the specific requirements and regulations of your field. Understand that, in certain cases, additional steps such as disclosure or rehabilitation programs may be necessary to regain a professional license.
Immigration and Travel
An expungement does not eliminate the impact of a criminal conviction on immigration status or travel restrictions. Immigration laws and regulations vary across countries, and some may still consider expunged convictions as grounds for inadmissibility or denial of visas.
If you have concerns about immigration or travel-related issues, seek advice from immigration attorneys who specialize in criminal law and be prepared to provide accurate information on previous convictions, regardless of expungement.
Child Custody and Parental Rights
Expungement does not automatically guarantee the restoration of parental rights, especially in cases involving child custody disputes. Family law courts consider various factors when determining the best interests of the child, and an expunged conviction does not erase the past from consideration.
If you are involved in a child custody case, consult with family law attorneys who can guide you through the legal proceedings and provide personalized advice based on your circumstances.
Firearm Ownership
Expungement does not automatically restore an individual's right to own or possess firearms. Federal law prohibits individuals with certain convictions from possessing firearms, even if those convictions have been expunged on the state level.
Before considering firearm ownership, familiarize yourself with federal and state laws governing criminal convictions and firearms. It is crucial to fully comprehend the implications of expungement on this specific aspect before assuming eligibility or making any firearm-related decisions.
Conclusion
Expungement offers numerous benefits, but it is essential to recognize its limitations. Understanding what an expungement cannot do is crucial for setting realistic expectations and navigating the legal landscape effectively.
Please remember that this page provides general information and does not substitute professional legal advice. If you have specific questions or concerns regarding expungement or its impact on your situation, consult with a qualified attorney who specializes in criminal law.
