If I have a charge from 2005 that was dismissed and suppose to be expunged and wasn't .

Question

I had a serious misdermeanor charge that was dismissed and suppose to be expunged after a year in 2005 and hasn't been. I am currently looking for a job and am having trouble because of the background check. How long will this take to get fixed? I have the paperwork from 2005.

Answer 1

This is showing up on your background check? It shouldn't because after 6 months it should be squashed.  Go down to the court in person, with your paper work, and demand that your name be cleared.

Answer 2

Unfortunately, just because the court system says they will expunge it doesn't mean they actually do the footwork when the time comes.  It's something you really have to keep up on.  A gross misdemeanor may as well be considered a felony these days since so often it was a felony to start just dropped to a gross misdemeanor.  contact the court from the county/state/district you were prosecuted in.  You'll probably have to go back to court.  it's similar to quashing a warrant.  Hopefully you can have it done quickly.  Also, don't put it on your applications.  I hate to say it but being truthful about past records on an application never helps anybody.  Leave it blank.  If they really want to know they'll ask and since it was supposed to be expunged you're not lying to say you have no record.   Good luck