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Can Expungement Be Used Against You?

Can Expungement Be Used Against You?

For many, expungement is a breath of fresh air. It is an opportunity to return to a normal life. However, many with expunged records wonder if there’s a chance someone could use your past against you. If you’ve had your record expunged in Mississippi, we have your answers.

Job Applications

Expungement hides your record from the public. That means, private companies conducting background checks cannot see your record, nor will they know it was expunged.

There is one caveat, however. If you’re applying to a public service position, such as an aide to your mayor, the employer may be able to see your record. However, the severity of this depends on the charges. An arrest is very different than a conviction. Likewise, even though obscenity and assault are both misdemeanors, they carry entirely different connotations.

Firearm Background Checks

If you’ve had your record expunged, you shouldn’t worry about a firearms background check. Mississippi forbids convicted felons from possessing firearms. However, if you were convicted of a misdemeanor, you can still purchase firearms, even without expungement.

Returning to Court

It’s important to realize that expunging your record does not mean destroying it. While your record is sealed from the public eye, it still exists in the courts and in government databases.

If you are accused of another crime, the prosecution can use your past conviction as character evidence to demonstrate a history of criminal behavior. If you’re convicted, the court can even use your expunged record for sentencing.

Don’t Be Discouraged

While expungement can be used against you in some circumstances, you should not be discouraged. On the whole, expungement is a great thing. It gives people a second chance and lifts the burden and stigma of a criminal record.

If you’d like an experienced attorney from the Vollor Law Firm to assist with your expungement case, please send us an email or call (662) 269-6188.

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