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How can some employers still see expunged convictions, when performing a background check?

Posted by attorney Mark Deters

I spoke with a potential client recently, who had an M-4 Domestic Violence Threat charge that he had expunged from his criminal record. The client checked the local county records and the conviction was off his record. His prior lawyer told him to wait 6 to 8 weeks so the paperwork could go through the B.C.I and F.B.I. databases. He was also told by his Former Lawyer that future employers couldn't pull up his expunged conviction on jos record because it was a low level misdemeanor.

He contacted my office when he was applying for a job in the healthcare industry. And he was wondering how it could affect him if he started looking for another job in the healthcare industry.

The unfortunate answer to his question is that even when you have a charge expunged, it may show up. Even when the FBI, BCI, and the POLICE expunge the record, it may show up on a PRIVATE database. There are oodles of private "detective websites," on the internet. Unfortunately, many of those websites constantly scan the internet and download information--DAILY, from court websites. BUT, those websites do not receive notification of the expungement. And, even if you do get your charge expunged, the private websites will not get notification of the expungement. So, if your charge is expunged, and you're worried about the BCI, FBI, and local court, police search--you should be okay. But, what you really have to worry about is what type of background check a potential employer is going to do. An expungement is really no longer an expungement with the advent of the internet, google, private detective websites, online newspapers, and the like. But, there is hope! What you will need to do is find all information on you, on the internet, and contact each company/website/newspaper, to show them that the charge is expunged by Judicial ORDER, and that they are required to remove it. It will take some work. I have handled this situation for clients multiple times. Just because someone tells you the charge is expunged may not mean that an employer can't see it. If you have questions, you should contact your attorney, or an attorney that deals with this type of law.

Attorney Mark A. Deters

Deters Law LLC

(937) 224-1100

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