Utah CFP application question

[abraxas]

Hi Everyone,

I'm in the process of apply for a non-resident Utah CFP, and had a question about answering one of the yes/no questions on the form. The particular question is: "Have you ever been convicted of an offense involving the use of alcohol? (i.e., DUI/DWI, alcohol related reckless, unlawful use of alcohol, etc.)"

I did have an incident involving an underage consumption charge over 10 years ago, but had the charge expunged from my record. It's been a long time since I was informed of the legal implications of that, but I believe my lawyer told me at the time it was expunged that I would not need to answer "yes" to questions of that sort in the future. In short, expungement meant that for most purposes the incident never happened.

I'm a little conflicted, though, because on the application it states "A complete criminal background check will be conducted including expunged and juvenile court records." Does this, then, mean that I am obligated to answer yes to the question?

Obviously I want to be 100% forthcoming on the application but if I'm not compelled to answer yes due to the expungement--which of course they would find during the background check--then I don't want to. The last thing I want to do is throw up a red flag unnecessarily.

If any legal types could weigh in on what the proper course of action for this would be I would be most appreciative. Thanks.

[ProShooter]

Yes, you must indicate that on your application.

[abraxas]

Thanks very much for the response.

[ Post made via Mobile Device ]

[Pumbaa]

I did have an incident involving an underage consumption charge over 10 years ago, but had the charge expunged from my record.

Now this is where I would have answered opposite from the poster above. This was a youthful offense so when you turned 18, the records are sealed.

Also if you read the definition of expunged, it is: Erase or remove completely (something unwanted or unpleasant).

When you erase something, it is gone, it no longer exists.

Best bet is to ask your family attorney. i only play one on forums.

In the common law legal system, an expungement proceeding is a type of lawsuit in which a first time offender of a prior criminal conviction seeks that the records of that earlier process be sealed, thereby making the records unavailable through the state or Federal repositories. If successful, the records are said to be "expunged". Black's Law Dictionary defines "expungement of record" as the "Process by which record of criminal conviction is destroyed or sealed from the state or Federal repository."[1] While expungement deals with an underlying criminal record, it is a civil action in which the subject is the petitioner or plaintiff asking a court to declare that the records be expunged.

A very real distinction exists between an expungement and a pardon. When an expungement is granted, the person whose record is expunged may, for most purposes, treat the event as if it never occurred.
http://www.recordgone.com/expunge-criminal-records.htm
http://en.wikipedia.org/wiki/Black%27s_Law_Dictionary
http://www.pardons.state.ne.us/app_guidelines.html