Expungement gives an individual a fresh start by sealing certain criminal records. In other words, the public cannot view your past offenses anymore. However, there are certain instances where you must disclose them when applying for a job. To ensure you comply with the law, you must know these exceptions.
When you are not required to disclose
Generally, you have a choice not to disclose your expunged offenses when applying for a job. The law resets the status you had before you committed the offense. In other words, it is as if the offense never occurred. Thus, you can answer no when asked about past convictions. The court will not charge you with lying under oath, even if you do not mention the offense.
Why some employers still ask about criminal records
Certain employers may still ask if you have been convicted even after the court has cleared your record. That is because some jobs need more rigorous background checks. This includes jobs in law enforcement, finance or education, which have greater safety, financial and legal responsibilities. If employers hire someone with a criminal record, which they are unaware of, the court may hold them liable. So, to protect themselves and comply with the law, they ask you to have full disclosure.
When disclosure is mandatory
Like any rule, there is also an exception regarding expungement laws. Missouri lists the following situations where disclosure is necessary:
- Applying for a state-issued license, certificate or permit to practice a profession
- Applying for gambling licenses or firearm permits
- Applying for a job in casinos, state-operated lotteries, emergency service providers and more
In these cases, employers must explain the need to disclose expunged offenses to the applicants.
Starting with a clean slate
You can start anew with an expungement. But you need to understand the exceptions where the law requires a disclosure. Failing to disclose your offense may lead to legal consequences. If you are unsure what to do, consider asking an experienced attorney. They can provide clarity and ensure you follow the law.