The general rule
§ 12-1.3-4(a) provides that a person whose record is expunged "shall be released from all penalties and disabilities resulting from the crime."
§ 12-1.3-4(b) is the practical part. On any application for employment, a license, or another civil right or privilege — and in any appearance as a witness — a person whose conviction has been expunged may state that he or she has never been convicted of the crime. Not "may decline to answer." May state that it did not happen.
The five exceptions, where you must still disclose
The same subsection carves out five categories. If you are an applicant in any of them, you must disclose the fact of the conviction:
- A position with a law enforcement agency.
- Admission to the bar of any court.
- A teaching certificate under chapter 11 of title 16.
- A coaching certificate under § 16-11.1-1.
- Operator or employee of an early childhood education facility under chapter 48.1 of title 16.
It can still count against you at a later sentencing
§ 12-1.3-4(a) contains one more exception, and it is easy to miss: upon conviction of any subsequent crime, "the expunged conviction may be considered as a prior conviction in determining the sentence to be imposed."
An expungement is not a deletion from history. It removes the record from public inspection and releases you from the civil consequences. A sentencing judge in a future case can still see it.
What the order reaches
Under § 12-1.3-3(c), a granted motion orders all records and records of conviction expunged and all index and other references removed from public inspection, and a copy of the order goes to any law enforcement or other agency known to hold the records — by you, by the Attorney General, or by the court. Tell the court about any agency you know of; the order is only as complete as the list it is sent to.
If a DNA sample was taken in your case, expungement of that record is handled separately under § 12-1.5-13.
