I had a shoplifting charge dismissed in 2003 and in 2006 I had it sealed. The court has sealed it, but I still see it on SOME of these instant online background checks that are not FCRA compliant. Employers who use commercial background check companies won't see it though
I really don't know what to do. I'm in the finance field and I don't want employers seeing this.
Do companies use these instant background search sites?
2007-12-19 11:54:32 · 5 answers · asked by Adam S 1 in Politics & Government ➔ Law Enforcement & Police
I've gone to the court and it's been offically sealed by all agencies, from city, state, police, etc. They even showed me the file and it's sealed
Some of these online searches don't update there records. That's what one rep from one these online background checks told me
2007-12-19 12:41:57 · update #1
You need to get a lawyer to have it expunged from your record entirely.
2007-12-19 12:00:24 · answer #1 · answered by Irish 7 · 0⤊ 0⤋
Sadly, or not, depending on from which side of the fence you are looking at it form. The fact the you were arrested will never go away.
Words like "expunged" and "sealed" mean only that the fact surrounding your arrest are no longer public knowledge. However that the fact that you were arrest still remains.
I am assuming you were probably finger printed while in police custody. Those prints are assinged a number. That number, your prints, and your name now exist in law enforcement data base both in the state in which you were arrest and with the federal government. Therefore an intensive background check will always turn up an arrest record with your name on it. An outsider will not be able to tell anything more than the fact that you were arrested, but they will be able to see you were in fact arrested.
If I were you I would not believe the line that you were told about the cops no longer being able to see your arrest record. In my experience that is not the case. The cops can't see the reason behind the arrest any longer or the facts about the case, but the fact that you were arrested still exists. Plus I guarantee you that hard copies (written copies) of your arrest report and any other notes taken by the officer who arrested you still exist.
My advise to you is be candid about that fact that you were arrested on any application that asks the question "were you ever arrested?" Every application I have ever seen allows an explaination of a yes answer to that question. So explain that the case was never prosecuted and that the record was sealed. Hopefully seeing that you have never been arrest since or previous to this one incident will convince anyone reading said application that you are in fact not a crimal.
2007-12-19 15:29:49 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Instead of having it sealed, try having it expunged. Sealing it still allows other agencies to see it. (City, County, State, Federal officials) A friend of mine went to family court and the mediator was easily able to pull up his record that was suppose to be sealed. She used this against him. You should call the Justice Department and they should be able to direct you in the right steps. Your best bet is to be honest on the app though, a misdeamenor does not prevent you from working in fianancial arenas. I have employed hundreds, it hasn't effected me. Good Luck, I'm in finance as well.
2007-12-19 12:04:43 · answer #3 · answered by I know it all 2 · 0⤊ 0⤋
yes, some companies do use them. You should check with the court clerk in the jurisdiction where you were arrested. They can point you in the right direction to get these sites to remove your sealed information. If you still have a lawyer, you could probably pay them to straighten it out for you.
2007-12-19 11:58:14 · answer #4 · answered by mickeymouselover 3 · 0⤊ 0⤋
Some employers do use the online checks but most of them use reliable sources.
2007-12-19 11:57:26 · answer #5 · answered by Mike S 2 · 0⤊ 0⤋