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Background check ?--expunged convictions

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  1. bflowers bflowers is offline

    United States

    Posts: 629
    Joined: Mar 07

    May 21st, 2009 (5/21/2009 10:08pm)

    Anyone here know if a conviction that was deferred and then ultimately expunged from your record will show up on a background check done by a company for employment? I've done all the google searches and am finding mixed answers, so I'm hoping someone has first hand experience and can provide some info---you are the person that fits this description, hire people and check backgrounds, on the law side of it, etc.....
  2. Trent55 Trent55 is offline can i have a title now

    Posts: 8,510
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    May 21st, 2009 (5/21/2009 10:25pm) in reply to bflowers

    i dont know for sure, but i was charged with 3rd degree burglary about 10 yrs for some absolute bullshit with some friends, the charges obv got dropped and i still have to explain myself to employers! bc it says 3rd dgree burg (dropped) on my background)
  3. SluggerWV SluggerWV is offline A picture is worth a thousand words.

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    May 21st, 2009 (5/21/2009 10:27pm) in reply to bflowers

    if it was expunged it is not supposed to appear in the records

    that is the whole reason for the expungement
  4. cizastro cizastro is offline

    Tanzania, United Republic of

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    May 21st, 2009 (5/21/2009 10:31pm) in reply to SluggerWV

    From what I've seen, charges that have been expunged sometimes show up on your background check. What I would do is put any convictions listed and just explain that they were expunged. If you say no and something does come back (even if it's expunged), the company can deny you because of a falsification of your application.

    Just be up front and you shouldn't have to worry about anything.
  5. jesterwords jesterwords is offline

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    May 21st, 2009 (5/21/2009 10:31pm) in reply to bflowers

    I got into some trouble when I was younger, it was expunged, and when I went through several background checks I never had any problems.
  6. SluggerWV SluggerWV is offline A picture is worth a thousand words.

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    May 21st, 2009 (5/21/2009 10:36pm) in reply to cizastro

    your experience may be because something that was supposed to be expunged wasnt

    call the court where the case was and ask them if they have a record of any case with the number of (whatever the case was) or with (whatever your name is)
  7. Mr Galt Mr Galt is offline sister-in-law's a ho

    Overland Park, KS
    United States

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    May 21st, 2009 (5/21/2009 10:40pm) in reply to bflowers

    The background checks we conduct really only hit your home county. I suppose if you had a federal hit it would show on NCIC. Lesson - if you are going to fup be sure to do so away from home.
  8. Shaaarrrp Shaaarrrp is offline

    Arlington, VA
    United States

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    May 21st, 2009 (5/21/2009 10:41pm) in reply to bflowers

    If they actually want to find it, they almost definitely can (esp if its a government position)....when I filled out my government background stuff, I mentioned the charges I had and that they were expunged (contributing to deliquency of a minor/drunk in public). If it's something that was minor enough to be expunged, it probably won't make a difference.
     
  9. mdwst mdwst is offline

    Naperville, IL
    United States

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    May 21st, 2009 (5/21/2009 10:51pm) in reply to Shaaarrrp

    Yeah man, if this is the private sector.. unless it is a government contractor, some data security company or something to do with healthcare/childcare/eldercare... the routine checks these people do, unless you specifically sign a "yes, you can conduct a criminal investigation" form, are just public databases that do not show criminal info 99% of the time. I've used Lexis/Nexis and AutotrackXP/Choicepoint (now CLEAR) for the past 10 years doing investigative checks for leads on people's addresses etc and criminal is something totally separate and protected.

    If it is government, depends on which government (city/county/state/US Fed/Canadian/Nigerian) + it depends on the position.

    If you are going to be driving trucks for the parks department its obv a whole different ballgame than working clandestine operations for The Company (CIA).

    The one thing, check with the court of wherever you got the charge. Don't trust a cousin of a friend's lawyer from high school who said he checked and got it expunged for you for $75.

    GL
  10. kornkid kornkid is offline

    Tampa, FL
    United States

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    May 21st, 2009 (5/21/2009 10:55pm) in reply to mdwst

    "Due to the proliferation of third party "background" check companies, we have had numerous clients find their record listed online through a non-governmental sponsored website after having had their record sealed or expunged."

    I'm sure you read something similar in your google search so no one can say for sure if it will show up or not. It depends on who is doing the background investigation and how hard/long they search.
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