Thank you for bringing your question to Google Answers.
I'm happy to tell you that you will be able to lawfully answer "no" to
this question on employment applications or any other documents-- that
is exactly why the expungement is granted.
"EXPUNGEMENT OF ARREST RECORDS AND DOCUMENTATION OF CRIMINAL
PROCEEDINGS IN VIRGINIA: ELIGIBILITY AND PROCEDURES"
"WHAT DOES EXPUNGEMENT OF CRIMINAL RECORDS ACTUALLY DO? IF I AM ASKED ABOUT A
CRIMINAL CASE THAT HAS BEEN EXPUNGED, WHAT CAN I SAY?
Under Virginia law, it is unlawful for anyone having access to expunged court or
police records to open them, review them or disclose information from the
sealed records unless first granted permission by the court that granted the
expungement order. Virginia Code § 19.2-392.3?A. In Virginia an employer or
educational institution shall not require an applicant to disclose any information
about an arrest or criminal charge that has been expunged. Virginia Code §
19.2-392.4?A. In plain language, if you are asked on an employment
application whether you have been convicted of a crime or arrested for a
crime (that is covered by an expungement order) you can lawfully answer: no.
The expungement process seals records, but the effect of an expungement
order is to retroactively eliminate the arrest and criminal charge
brought. Access to and unsealing of an expunged criminal record is
only permitted under very
limited purposes by a law-enforcement agency for a criminal investigation.
The Legislature has also prohibited state and local agencies from requiring
disclosure of expunged criminal records in any application or interview for a
license, permit, registration or governmental employment. Virginia Code, § 19.2-
This text can be found on page 11 and 12 of the pdf file.
Under certain circumstances your records can be accessed:
US Law Digest-- Virginia Expungement
"What is an expungement?
The omission, sealing, deletion, or obliteration of records.
Thereafter, the person may legally deny the existence of the records
and may not be denied any permit, license, or employment based upon
the expunged records. However, expunged records may be disclosed for
purposes of employment application as an employee of a law-enforcement
agency or for a pending criminal investigation and that the
investigation will be jeopardized or that life or property will be
endangered without immediate access to the record. § 19.2-392.3."
If you need any additional clarification, let me know and I'll be glad
to assist you.