Despite common thoughts to the contrary, once a person obtains an expungement of a criminal conviction that conviction is not entirely removed from all of the government’s records.  Indeed, under certain circumstances, a record of an expungement can be disclosed to others. 

Expunged records can be used for a variety of purposes, including: (a) sentencing in a subsequent offense; (b) assessing bail in a subsequent offense; (c) in a parole hearing; (d) the department of corrections for purposes of assessing the defendant’s classification or assignment within a prison; and (e) assessing an application under a supervisory treatment or diversion program.  In some cases, an expunged record can be unsealed to assist in impeaching the credibility of a witness.  In other cases, the courts have allowed disclosure of expunged information where a person is being sued for malicious prosecution on a claim relating to an offense that was expunged or in a libel case where the defamatory declaration pertains to a criminal offenses that was expunged.  In many of these cases, the person seeking disclosure will be required to petition the court and show that there is good cause and compelling reasons for disclosure  of the information. 

 A person who discloses to another the existence of an arrest or conviction that has been expunged or sealed, is guilty of a disorderly persons offense that can require imprisonment of up to six months and $1,000 fine.