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Can you sue for defamation if expunged info was given out?

Canton, OH |

My son had an expungement done and the info was taken off at our clerk of courts. He just got a job and went to get an apartment and when they ran the background check it showed up. What can we do about this? He has to relocate and start his new job on the 17th of this month.

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Attorney answers 1


Usually nothing can be done.

Most background checks are done through businesses that subscribe to database services. Those databases are updated at the pleasure of the company. That means that unless the company doing the background check updates its records your sons conviction will always appear.