« on: October 31, 2012, 06:44:23 PM »
I have a misdemeanor charge of battery which was dismissed for lack of evidence by the prosecutor. I filed a application to expunge my record of the arrest, and it was approved. I have read, both on LSD and other forums, about expunged records and the need to disclose them. It is my intention to be completely honest and candid in both my LS application and the application for the bar in whatever state I intend on practicing. But I am curious about which jurisdictions I don't HAVE to disclose it. I also know that there is at least one state (New Hampshire) whose bar application specifically states that you are NOT to disclose annulled/expunged charges/arrests/convictions.
My question... is New Hampshire the only state that specifically excludes annulled/expunged charges from mandatory reporting on a bar application or are there others? If there are others, which jurisdictions do you know that specifically exclude the annulled/expunged charges?
Please, I do not want to hear about how you can skirt the reporting requirement by selectively reading the question, or a Webster's definition of "expunged." In looking at the statute for West Virginia (where my record was expunged) it looks as though I shouldn't have to report it anywhere... and that's fine and good, but I am not going to get into a pissing match with the bar examiners... if I am applying for the bar where I must disclose it, I will. If I am applying in NH, I will not. I want to know if there are any other states whose bar apps are like NH's.
West Virginia Code 61-11-26(k) states, The proceedings in the matter shall be deemed never to have occurred.
The person whose record is expunged shall not have to disclose the fact of the record or any matter relating thereto on any
type of application.