Expunged or Sealed Record on Background Check: What It Means and What You Can Do
Background checks are commonly used by employers, landlords, lenders, and other entities to evaluate an individual’s history and suitability for jobs, housing, or credit. These checks often include criminal records, which can profoundly impact a person’s opportunities. However, the law provides protections for certain criminal records that have been expunged or sealed, limiting their visibility on background checks. Despite these protections, mistakes happen, and expunged or sealed records sometimes wrongly appear on background checks, causing serious consequences. Understanding what expunged and sealed records are, why they might appear on reports, and how to address such issues is essential.
What Are Expunged and Sealed Records?
Expungement and sealing are legal processes that allow individuals to restrict access to their criminal records under certain circumstances:
Expunged Records:
Expungement refers to the legal process of destroying or erasing a criminal record from public view. Once a record is expunged, it is generally treated as if it never existed for most purposes. Expunged records typically do not appear on background checks conducted by employers, landlords, or lenders.Sealed Records:
Sealing a record means it is hidden or restricted from public access but may still exist in government files. Sealed records are not accessible to the general public or most background check companies but may be available to certain government agencies or under specific legal conditions.
Both expungement and sealing aim to help individuals move past past mistakes and reduce barriers to employment, housing, and other opportunities.
Why Do Expunged or Sealed Records Appear on Background Checks?
Despite legal protections, expunged or sealed records sometimes mistakenly appear on background checks due to:
Data Sharing and Reporting Errors:
Background check companies receive information from multiple sources, including courts, police departments, and third-party data aggregators. Sometimes, expungement or sealing orders are not properly communicated or recorded, leading to outdated or incorrect data being reported.Incomplete Updates from Courts or Agencies:
Court systems or law enforcement agencies may fail to update their databases promptly or correctly after expungement or sealing, causing those records to remain accessible.Different Definitions Across Jurisdictions:
Expungement and sealing laws vary by state and jurisdiction, which can cause confusion about what records should be hidden and for how long.Automated Background Check Systems:
Automated systems may not be sophisticated enough to detect expunged or sealed records and may include them in reports regardless of legal restrictions.Human Error or Negligence:
Clerical mistakes or negligence in handling records can result in expunged or sealed information being disclosed improperly.
Impact of Expunged or Sealed Records Showing Up
The wrongful appearance of expunged or sealed records on a background check can have severe negative effects, including:
Employment Barriers:
Many employers rely heavily on background checks to screen applicants. Discovering an expunged or sealed record may lead to unjustified job denials or rescinded offers.Housing Difficulties:
Landlords frequently screen tenants via background checks. Seeing these protected records can result in eviction or rejection of rental applications.Financial Consequences:
Creditors and lenders use background checks to assess risk. Erroneous disclosure of expunged or sealed records can lead to denied loans or higher interest rates.Emotional and Social Harm:
Being unfairly associated with criminal history can cause emotional distress, embarrassment, and social stigma.Legal Ramifications:
Improper reporting of expunged or sealed records may violate federal and state laws, including the Fair Credit Reporting Act (FCRA).
Legal Protections Against Reporting Expunged or Sealed Records
The Fair Credit Reporting Act (FCRA) protects consumers by requiring maximum possible accuracy and fairness in background checks. It mandates:
Background check companies must promptly investigate disputes about incorrect information.
They must delete or correct records that are legally prohibited from reporting.
Consumers may sue companies that willfully or negligently report expunged or sealed records, seeking damages and attorney fees.
State laws may provide additional protections and penalties for improper reporting.
These laws empower consumers to hold background check companies accountable and seek remedies for harm caused by inaccurate reporting.
Preventing Future Issues
To reduce the risk of expunged or sealed records appearing on background checks:
Keep copies of all expungement or sealing orders and related documents.
Regularly check your background reports from major companies.
Update your information with courts and agencies after expungement.
Notify employers or landlords proactively about expunged or sealed records if appropriate.
Work with attorneys or legal aid organizations to enforce your rights.
Conclusion
Expunged or sealed records are intended to protect individuals from lifelong consequences of past mistakes by limiting their visibility in background checks. However, errors in reporting these records can still occur and cause significant harm. If you find expunged or sealed records on your background check, take immediate steps to dispute and correct the information. Legal protections under the FCRA and other laws exist to support you in this process and to ensure fair treatment. With vigilance and appropriate support, you can restore your privacy, reputation, and access to opportunities.
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