Expungement allows individuals to move forward without the burden of a past criminal record, but many wonder whether an expunged record is truly hidden from employers. While expungement generally removes a record from public view, a lawyer, like an expungement lawyer, knows that there are some situations where past convictions may still be accessible.
What Expungement Does To A Criminal Record
Expungement removes a conviction or arrest from public records, meaning it will not appear in most background checks conducted by employers. This process allows individuals to legally state that they have not been convicted of a crime on job applications. Once expunged, the record should not show up in standard employment screenings.
However, not all expungements are handled the same way. Some states completely erase the record, while others seal it, making it accessible under limited circumstances. The type of expungement granted determines how much protection it provides.
When An Expunged Record May Still Be Seen
While most private employers cannot access expunged records, there are exceptions. We know if you are relying on your health and dental benefits at your job, this can seem scary. Some industries require deeper background checks, which may reveal expunged records in certain situations. Examples include:
- Government Jobs. Positions in law enforcement, the military, and other government agencies may require fingerprint-based background checks, which can reveal past convictions even if they have been expunged.
- Jobs Requiring Professional Licenses. Fields such as healthcare, education, and finance often require licensing boards to conduct thorough background checks. Depending on the state and industry, an expunged record may still be considered.
- Security Clearance and Federal Employment. Expunged records may still appear in federal databases used for security clearance or high-level government positions.
- Jobs Involving Vulnerable Populations. Employers in childcare, elder care, and certain nonprofit organizations may have access to more detailed criminal history reports.
In these cases, employers may not see an expunged record in a standard database search but could request additional screening that reveals past offenses.
How Employers Conduct Background Checks
Most employers use commercial background check services, which gather information from public records. If a record has been properly expunged, it should not appear in these searches. However, some databases do not update immediately, and outdated records may still appear.
Additionally, private companies that collect and sell background check data may not remove expunged records right away. If an expunged record appears in a report, individuals may need to dispute the information with the reporting agency.
What To Do If An Expunged Record Shows Up
If an employer sees an expunged record, the first step is to confirm whether the expungement was properly processed. In some cases, paperwork errors or delays in updating records may cause a conviction to remain visible. If a background check includes an expunged record, individuals have the right to challenge the report. The Fair Credit Reporting Act (FCRA) requires background check companies to provide accurate and up-to-date information, and expunged records should not be included in most employment screenings.
Moving Forward After Expungement
For most jobs, expungement provides a fresh start by preventing employers from seeing a past conviction. Attorneys like those at Archambault Criminal Defense can attest to the importance of reviewing expungement documents to confirm that all agencies have removed the record from their databases. While certain industries may still have access to sealed records, expungement generally removes barriers to employment. By understanding how expungement affects employment screenings, individuals can confidently apply for jobs knowing their past does not have to define their future. For help, speak with your local law firm.