The $25,000 question: Who can see my expunged record?
By Elizabeth B. Carpenter — New Orleans Expungement Attorney
In my law practice, every client wants and needs to know whether he needs to state that he has had a criminal record expunged on a job application.The answer to this question is often best answered on a case-by-case basis, even though the law clearly states that the defendant does not have to disclose the arrest or expungement.
Louisiana Code of Criminal Procedure Article 978(C) states “Except as to persons and other entities set forth in Paragraph A of this Article, no person whose record of arrest or conviction has been expunged shall be required to disclose to any person that he was arrested or convicted of the subject offense, or the record of arrest or conviction has been expunged.”
Louisiana clients should first determine whether the entity where they are seeking employment is one that has confidential access to sealed records.
Generally, most state agencies can see felonies, even if they are expunged. There are several specific agencies that may request a full criminal record, but the agency must keep it confidential. Unless the record was destroyed, all of the following agencies can see an expunged record:
- Any law enforcement agency
- Criminal justice agencies
- Louisiana State Board of Medical Examiners
- Louisiana State Board of Nursing
- Louisiana State Board of Dentistry
- Louisiana State Board of Examiners of Psychologists
- Louisiana State Board of Social Work Examiners
- Louisiana Attorney Disciplinary Board
- Emergency Medical Services Certification Commission
- Office of Disciplinary Counsel
- Louisiana Supreme Court Committee on Bar Admissions
- Any person or entity requesting a record of all criminal arrests and convictions pursuant to La R.S. 15:587.1 which deals with job positions where the employee is in a supervisory or disciplinary role of authority over children.
If you are wanting to have a criminal record expunged, please contact New Orleans Expungement Attorney Elizabeth B Carpenter for a consultation.