Does an Expungement Show Up on a Background Check? The Complicated Truth
The simple answer to "Does an expungement show up on a background check?" is: sometimes, but not always. The complexity arises because expungement laws vary significantly by state, and even within a state, the type of background check and the entity conducting it can influence the outcome. Understanding this nuance is crucial.
This article will delve into the intricacies of expungement and its impact on background checks, answering common questions and clarifying misconceptions.
What is Expungement?
Expungement, also known as sealing or vacating a record, is a legal process that removes or seals certain criminal records from public view. The specific crimes eligible for expungement and the process itself differ widely depending on your state's laws. Some states offer more comprehensive expungement options than others, while some might not allow expungement for certain offenses at all. Think of it as a legal "second chance," aiming to help individuals with past mistakes reintegrate into society.
What Types of Background Checks Exist?
Understanding the different types of background checks is critical to understanding how expungement affects them. There are primarily two categories:
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Consumer or Commercial Background Checks: These are often used by landlords, employers, or credit agencies. They typically pull information from publicly available records. An expungement often prevents this type of background check from revealing the sealed information.
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Criminal Justice Background Checks: These are conducted by law enforcement agencies, courts, and other government entities. They often have access to more comprehensive databases, including sealed or expunged records, particularly if the check relates to licensing or employment in sensitive fields like law enforcement or education. An expungement may not prevent these checks from showing the information.
Does an Expungement Always Prevent My Record from Appearing?
No. While the goal of expungement is to remove the record from public view, its effectiveness varies widely depending on the following factors:
- State Laws: Each state has its own expungement statutes. Some states might completely seal the record, rendering it inaccessible to most background checks, while others might only restrict access to certain entities.
- Type of Background Check: As mentioned earlier, consumer background checks are more likely to be affected by expungement than those conducted by law enforcement or government agencies.
- The Specific Agency Conducting the Check: Even within the same state, different agencies might have varying access to records, regardless of expungement.
- The Age of the Record: Some states might have limitations on how old a record must be before it's eligible for expungement.
Can I See if My Record is Sealed or Expunged?
This process varies by state, but many courts offer online portals or allow you to request a copy of your record. It's advisable to contact the court where the original case was handled to check the status of your record.
What If My Expunged Record Still Shows Up?
If your expunged record still appears on a background check, you have a few options:
- Dispute the Report: Most consumer reporting agencies have a process for disputing inaccurate information.
- Consult an Attorney: An attorney specializing in expungement can help you navigate the complexities of your situation and potentially take legal action.
Does an Expungement Affect FBI Background Checks?
FBI background checks are comprehensive and often used for federal employment, security clearances, or certain professional licenses. Even with an expungement, the record may still be visible to the FBI, depending on the nature of the offense and the specific requirements of the check. This is often the most stringent type of background check you may encounter.
In conclusion, expungement's impact on background checks is highly variable. While it often successfully hides sealed records from public view, it doesn't guarantee complete removal from all databases. Understanding the laws in your state, the type of background check, and the agency conducting the check is paramount to managing your expectations about the effectiveness of your expungement. If you have concerns about a particular background check, consulting an attorney is always recommended.
