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I have a expungement for a crime that I was never convicted for but it still shows up on a basic job background check.

Kennesaw, GA |

The expungement was for Dui and failure to maintain. I was arrested for being considered a less safe driver but my blood and alcohol level tested 0. So the charges were dropped and dismissed. I recently applied for a job at a book store. They sent my social and information to a backgroung company in California. I just received a letter today about the information that showed up on my public records now it did say nol pros next to the information. But if it was expunged why is it still showing up on my record?

Attorney Answers 5

  1. You need to have a criminal defense attorney review the documents and your expungement order (if you have one) to clear this up or refile the motion/order again. Have an attorney assist you.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

  2. Private companies often pick up the information before the expunction occurs. I would have your attorney send a copy of the signed order along with a demand letter certfied mail. When I do this for my clients, the data has been removed 100 percent of the time.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at for more information about her services and recent victories.

  3. There is an action whereby you can go about getting your criminal history corrected to reflect the expungement. Call me for a consultation.

    Allen R. (Rusty) Knox
    125 TownPark Drive, Suite 300
    Kennesaw, GA 30144
    (678) 334-1399

  4. I agree with the other attorneys. Consult with an attorney to see if anything can be done to correct your criminla history.

  5. Based on the information in your question it does not appear that you completed the Expungement process or it may not have been done correctly. You need to contact an Attorney to file for an EXPUNGEMENT of the charges ASAP! The Georgia law will change July 1, 2013 and will NOT allow for an EXPUNGEMENT!!! If you really want this removed from your Criminal History - YOU NEED TO ACT NOW - in order to get the process completed before July 1st, 2013. I hope this information is helps you. Good Luck!!
    George McCranie IV

    The information provided in this response to a question is not legal advise and is provided only for general information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.

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