I had a record sealed three months ago and had all my mugshots removed from various websites. I am applying to jobs now and even have an interview tomorrow and just out of curiosity i ran a background check on myself. After scouring the internet for a good website to use i noticed that my supposedly sealed record is still on the background check is there any way i can have this removed quickly and who do i contact to do so any help is greatly appreciated.
Sounds like you've already done a good bit of the work in getting your record sealed and your arrest mugshot off of websites - those are big hurdles. Next step is to contact FDLE and see about getting your record not only sealed, but expunged (if you are eligible). Here's a website with some forms. http://www.fdle.state.fl.us/content/getdoc/c83dd888-ef7a-448e-9a96-ba69fc4181f7/Seal-and-Expunge-Home.aspx
The expungment will remove your record from FDLE's database (where some of the background services may get their records). I don't think it is quick enough for the time frame you are talking about, but it should help in the long run.
With today research methods, is anyone's criminal record ever really sealed or expunged? I can't say for certain, but these steps ought to help.
Answers are for general purposes only, and do not establish an attorney-client relationship.
Family Law Attorney
Mr. Joyce is on to something. My guess is that a record can be "sealed" or "expunged" (in NYS, they're basically the same thing, (see Crim. Proc. Law §160.50, http://bit.ly/171O4y5), but the problem is these provisions are directed to court clerks and state criminal identification, while most internet search engines and "instant criminal background sites" rely on the initial media reports of the arrest, disposition (maybe) and mug shots.
Those are very difficult to remove and chase down to get them off search engines. Probably the best you can do is to have you or a search engine/reputation specialist write all the media that originally reported the crime with a copy of the expungement order and ask them to take down the story. This may or may not work. An attorney can write threatening letters, but they can take the position that an arrest is an arrest (a fact) even if acquitted.
On the other hand, if you are successful, ultimately the story will "go away" when it's no longer able to be "crawled" by a search engine's "spiders" or results in a "dead link" which will ultimately get purged. You may want to contact the major search engines as well; I do believe they have FAQs on their websites that offer assistance in this kind of instance.
I woudn't threaten litigation for defamation, etc. but would try to work with them. A fall back is for them to "UPDATE" the story in question with a final paragraph indicating that the charges were "dismissed in favor of the accused".
This answer is provided under the Avvo.com “Terms and Conditions of Use” (“ToU”), particularly ¶9 which states that any information provided is not intended as legal advice or to create an attorney-client relationship between you and me or any other attorney. Such information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. In particular, my answers and those of others are not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely solely upon Legal Information you obtain from this website or other resources which may be linked to an answer for informational purposes. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege. The full Avvo ToU are set forth at http://www.avvo.com/support/terms . In addition, while similar legal principles often apply in many states, I am only licensed to practice in the State of New York and Federal Courts. Any general information I provide about non-New York laws should be checked with an attorney licensed to practice in your State. Lastly, New York State Court rules (22 NYCRR Part 1200, Rule 7.1) also require me to inform you that my answers and attorney profile posted on the Avvo.com site may be considered "attorney advertising" and that "prior results do not guarantee a similar outcome".
1 lawyer agrees
Criminal Defense Attorney
Welcome to 2013, where nothing is private, sacred or truly hidden from scrutiny.
As you know sealing (and expunging) only applies to certain (not even to all) government agencies and has no effect whatsoever on private (er, extortionist) enterprise.
You can expect that no matter how many websites you pay off there will be another one, somewhere, sometime, somehow, just waiting for you to pay them off as well.
Its a seemingly never-ending vicious cycle.
I'm sorry and wish you luck!
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)