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I have had my record expunged in the courts but when background checks are done it keeps coming up.

Wilsonville, OR |

how do I go about getting the information to have it cleared so when I look for work it doesn't come up anymore. this is becoming a pain. I spent all the money to have a lawyer clear my record but it still be a problem.. I have tried on my own but I don't seem to be doing it right. I have talk to some web site I have found my record on but still not getting all of the place I need to remove the information. seems like im going in circles trying to clean my record up..

Attorney Answers 4

Posted

In theory, when the judge signs the expungement order, goverment agencies are ordered to erase (or more likely take out of public database) what has been expunged. The problem is these days private databases have collected public records and havent gotten the memo to expunge. You are probably not making much progress because these websites may not have a good system to update these kinds of records. Eventually all thes databases should be updated. In the mean time on your own or with a lawyers help try to insist these companies update your entries.

The answer given here is for educational purposes only so those who need a lawyer can have a more successful initial meeting with a lawyer of their choice. The statements are not legal advice and the intention of this writing is that no attorney-client relationship is formed by those reading these answers. Also be sure to get a second opinion to the answers given here if you choose to do so.

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Posted

When you do a sealing or an expungement, you need to make sure that you notify all agencies that have copies of the records including the OR Bureau of Investigation and the FBI. It is quite possibly that you failed to notify all of the necessary agencies of the sealing. I would consult with a local attorney.

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.

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Yunus M. Paisner

Yunus M. Paisner

Posted

This is a good point. In Oregon the defendant is not required to contact these agencies, but these agencies may have backlogs.

Posted

Getting private database companies to remove expunge records can be a challenge. Our advice is to run background checks on yourself, and contact any private database companies that include expunged records. You should inform the database company that your record was expunged, and include a copy of the court order. Your letter should be polite but firm and businesslike. Our experience has been that, once they are notified that their background check include an expunged record, the database company will remove the record. This will require some vigilance on your part. You should also be aware that a new law recently passed by the Oregon Legislature also requires companies to remove mugshots from their database, once a record has been expunged.

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Christopher Daniel Leroi

Christopher Daniel Leroi

Posted

Great response by Mr. Cogan

Posted

Under the Fair Credit Reporting Act (FCRA) 15 USC 1681g, you can provide all the major background reporting companies with notice that your expunged record is being reported. This should put them on notice not to report the information. Quite frankly, the FCRA requires these companies to have reasonable policies and procedures in place to ensure maximum possible accuracy. This means updating their bulk databases. You may have a federal claim against these companies for your lost wages. My law partner Matt Dooley and I represent people across the nation in these types of issues. Please dispute the information asap and be as detailed as possible.

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