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Do local cops see expungements if pulled over for common traffic violation? Criminal Records, Expungement

Discussion in 'Criminal Records, Expungement' started by hsmith, Mar 23, 2012.

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  1. hsmith

    hsmith Law Topic Starter New Member

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    I had my misdemeanor charge expunged as part of my plea agreement, and it was. (Georgia) It is my understanding that those records are only available if prosecuting attorney of record or a court has ordered it be so. As such, if I'm ever pulled over by local police in the future, do their little computers still pull up that record? Just wondering...Thanks!
     
  2. army judge

    army judge Super Moderator

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    If the record has been expunged properly and completely, probably not.
    But, there is much more to be done AFTER an expungement order has been issued.
    If it was a misdemeanor charge, why worry?
    Or, obey all laws and you won't be stopped for anything.
     
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  3. mightymoose

    mightymoose Moderator

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    The police wont likely see any record of conviction, but they likely still have access to the initial arrest report. They would have to dig a little to find that. It isn't something that would be prominent when doing a standard check. Also, local police may just simply remember you.
     
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  4. hsmith

    hsmith Law Topic Starter New Member

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    Thank you for your replies! I was wondering b/c it seems like they would be less forgiving if they knew you had been arrested for anything before. It's silly really b/c I've seen on TV episodes, like Cops, where the person has been asked, "Have you ever been arrested before?" and their answer seemed to affect the officer's judgment (like to issue a warning or not). And don't get me started on Judge Judy - lol. I know that's TV dramatics, but a friend and I were discussing it, and I thought I would ask. I am a law-abiding citizen, and I hope I would never be in a situation where that issue would present itself, but it's good to know just in case. Again, thank you for taking the time to answer my question. :)
     
  5. army judge

    army judge Super Moderator

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    OP, I hope you know that you are constitutionally protected and are not required to answer questions the police ask. In fact, you'd be smart to say anything to the police other than name, address, date of birth, and "yes sir" or "no ma'am".

    If inquiries are made about prior arrests, the best answer is to politely say, "I was arrested on a misdemeanor for disorderly, but it has been expunged!" Truth is always your best option, other than to obey the law and never get stopped.


    Sent from my iPhone 4S via AT&T using Tapatalk
     
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  6. hsmith

    hsmith Law Topic Starter New Member

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    Thank you very much for following-up and offering further information. I don't foresee needing to know this information, but foresight is not one of my gifts. However, hindsight I'm familiar with, and it usually isn't as courteous and professional as you have been. :) Thank you again.
     

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