Disclosure Of Expunged Records During Claims
Expungement is intended to remove the legal effect of a prior criminal case. This is to protect your record so that this kind of information is not included in something such as a background check. However, if you are involved in a personal injury case, can your expunged records be discussed? As a personal injury lawyer can share, these types of records may resurface in one form or another during civil proceedings.
Background On Expungement
Expungement typically results in your records being sealed from public view, thereby restoring your legal status as if the criminal offense had never occurred. This can range from smaller items, such as a DUI, to more serious crimes, depending on your state. Laws on what can be expunged and the process for this vary by state. Still, in general, if your records are expunged, then employers, landlords, and others are not able to inquire about these kinds of records if they ever see a note indicating that the information has been expunged. However, most states become somewhat unclear about how this information can be treated in discovery or deposition procedures, particularly as it relates to personal injuries.
Discovery Versus Protections
Discovery occurs when parties involved in a case exchange evidence with each other before a trial begins. Each party can gather facts, identify witnesses, and review documentation related to the case. Within a discovery, there may be a deposition in which oral testimony is given under oath with a court reporter present. The opposing counsel can ask you direct questions at this time. Otherwise, most requests in a discovery are written requests to produce documentation related to the case. Of course, there are limits on what can be discussed during this process, as it must be related to the case. However, some lawyers may argue that expunged records are essential to the case and should be disclosed. Again, the laws surrounding this vary by location, so you need to seek legal guidance to determine how this might affect your specific case.
Practical Risks
Knowing this now, you may have fear about being questioned as sealed matters may be brought to light. You may also worry that this information will sway the jury or affect a settlement, so you feel that you should not even bother to pursue your case. However, as our friends at Cohen & Cohen would encourage you, do not let this deter you. When working with your attorney, let them know you have these records so they can help protect you. It is possible that they can file certain motions or orders to protect those records. They can also object if questions start working their way towards bringing your expunged information to the forefront.
A lawyer can balance a fair discovery with the protection of your records. If it does not apply to the case, your attorney will ensure the information is not revealed. Instead of letting your fear stop you from filing a case, reach out to a lawyer near you. Let them know about your expunged records, and they can let you know how best to protect those while getting you the compensation you deserve.