Expungement is often equated to the sealing or destroying of legal records. Each state offers its own definition of expungement, based on its specific rules and laws. Generally, expungement can be viewed as the process to "remove from general review" the records pertaining to a case.

But even if there is an expungement all records may not completely "disappear" and some may still be available to law enforcement or other government agencies in New York and elsewhere. Some may also be available to the public. For example, there may have been a news story about the arrest or conviction in a New York general newspaper, or in a paper lawyers often get in New York, the New York Law Journal, which has information about cases all over New York City, including the Kings County crminal courts. Also when a new employer checks a simple Google search might turn something up from the past.

Generally, all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system can be expunged. Each state sets its own guidelines for what records can be expunged.

The criminal defense attorney who handled the matter in the Kings County, New York case should be able to confirm in writing there was an expungement and tell you the legal effect, So could a new criminal defense attorney in New York. You also could go to the Kings County court house in Brooklyn, NY and see if you can get information on the case. Or a criminal attorney could send an assistant over to Kings County Criminal Court do it.

If there was a total expungement of your charges, you may be legally justified in saying there is no criminal record. BUT whether you SHOULD say that you have no criminal record on a job application depends on what the charges were, who the prospective employer is, what he job you seek is, and exactly how the question is worded.