Do employers really check if you have a degree?

Can employers access my expunged records?

• I recently completed my master's degree and am entering the job market. I got an offer of employment from a large investment bank on Wall Street recently, but as happy as I should be about this, there is a point of concern I'd like to settle here. You see, as part of their hiring practice, the firm wants to conduct a background check on me, including a criminal history check. In my earlier (immature) years of college (less than 5 years ago), I was charged with a misdemeanor for an act of sheer stupidity, but later got the conviction EXPUNGED from my records. Now, I've looked up some facts on expungement but I still have a major concern. Here are the major points I want answered: - When a firm conducts a background check, will they be able to access my expunged records? - To what extent is my 'criminal history,' if you will, concealed from employers under expungement? - When asked (either on paper or orally) about previous convictions, to what extent can I deny previous convictions? - How likely is it that a large firm will find out about my expunged record? If you need more information to answer the question, please ask. I'd like, preferably, all of these parts of my questions answered as soon as possible, please. In return, I am offering a generous amount. Thanks for your help!

• Answer:

  Dear mrgutfreund-ga; Thank you for allowing me to answer your interesting question. You will note our disclaimer that prevents us from offering legal advice. What we do in these instances is provide you with information which is publicly accessible as a matter of published law. As it turns out I am quite familiar with the law, and in particular the Arkansas statutes since this is where I have been in law enforcement for more than 20 years. With that in mind let me point you to the most authoritative source, short of an actual attorney - the Arkansas state statutes: In the state of Arkansas the legal definition of ?expunge? is ?to destroy?. The answer to your question depends on what the person applies for. If the person is applying for a position under the auspices of the state Board of Education or as a Social Worker, certain convictions are indeed viewable to the prospective employer on a background check. 9-27-309(b)(3) Confidentiality of Records http://www.arkleg.state.ar.us/NXT/gateway.dll/ARCode/title08655.htm/subtitle09189.htm/chapter09238.htm/subchapter09245/section09254.htm 17-103-307. Criminal background checks. http://www.arkleg.state.ar.us/NXT/gateway.dll/ARCode/title20985.htm/subtitle22198/chapter22922.htm/subchapter22938/section22945.htm Otherwise, all records may be closed and confidential within the discretion of the circuit court and are not retrievable on a routine employment background check. ?(a) An individual whose record has been expunged in accordance with the procedures established by this subchapter shall have all privileges and rights restored and shall be completely exonerated, and the record which has been expunged shall not affect any of his or her civil rights or liberties unless otherwise specifically provided by law. (b) Upon the entry of the uniform order to seal records of an individual, the individual's underlying conduct shall be deemed as a matter of law never to have occurred, and the individual may state that no such conduct ever occurred and that no such records exist.? 16-90-902. Effect of expungement. http://www.arkleg.state.ar.us/NXT/gateway.dll/ARCode/title18300.htm/subtitle19903/chapter20139.htm/subchapter20227/section20229.htm ?Well?, you may ask, ?the check is being conducted in another state. What impact does this have?? Answer: None If an Arkansas record is expunged Arkansas it no longer exists in terms of accessibility to the general public except as outlined in the sensitive positions I mentioned, as provided by state law. Therefore the conviction is not available for retrieval. It matters no what New York law says, because New York has no jurisdictional control over the Arkansas court that ordered the record ?destroyed?. Criminal convictions, especially those involving a measure of fraud or dishonesty, can indeed have a negative impact on some banking jobs IF they are still on your record. Once they are expunged though, they?re gone for all intents and purposes except in instances where one is applying for licensure in the social work, child care, and teaching fields etc. I hope you find that my answer exceeds your expectations. If you have any questions about my research please post a clarification request prior to rating the answer. Otherwise I welcome your rating and your final comments and I look forward to working with you again in the near future. Thank you for bringing your question to us. Best regards; Tutuzdad-ga ? Google Answers Researcher [INFORMATION SOURCES] Defined above [SEARCH STRATEGY] SEARCH ENGINE(S) USED: Google ://www.google.com [SEARCH TERMS USED] ARKANSAS EXPUNGE EXPUNGEMENT RECORDS BACKGROUND CHECK EMPLOYMENT CONFIDENTIALITY LAW CODES STATUTE LEGISLATURE