Full question:
In September 2006, I was arrested and charged with theft of property, public intoxication and fleeing. I hired a lawyer and entered a plea of 'not guilty'. My lawyer reached a deal in which I was to be placed on probation for 1 year and pay some fees. Then, after successful completion of my probation, all would be expunged. It is now nearly 3 years later and I was recently offered a job. In the paperwork I am filling out, there are several forms in which they request I disclose all criminal history, regardless of whether or not it has been expunged because it will still more than likely show up on a FBI report. Due to the business of my employer (broker/dealer), I will have to register with the Securities and Exchange Commission. Therefore they say disclosing all criminal history is necessary. I am quite nervous about this, as this is a dream job for me and do not want something to happen that could jeopardize this opportunity. Should I disclose my arrest and charge, and subsequent expungement or should I not disclose anything?
- Category: Criminal
- Subcategory: Expungement of Criminal Records
- Date:
- State: Tennessee
Answer:
You may need to disclose an expunged crime when applying for public office or for licensure by a governmental agency. If your records were expunged under TCA § 40-35-313, you can petition the court to remove records related to your arrest, trial, and conviction. However, expungement does not guarantee that all records are destroyed; some records may still exist, especially with law enforcement agencies.
For job applications, especially in regulated industries like finance, it is often required to disclose all criminal history, including expunged records. This is particularly true for positions that require registration with the Securities and Exchange Commission. While it may feel uncomfortable, being transparent about your past can help avoid potential issues later, especially if the expunged record appears in an FBI report.
In summary, consider disclosing your arrest and the expungement, as it may be necessary for your job application and to comply with SEC requirements.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.