Do Sealed Records Show Up on Background Checks?

Michelle Wilson - June 7, 2023

For individuals who have successfully had their criminal records sealed or expunged, the prospect of undergoing a background check can be a cause for concern. The question looms: Will these checks still reveal the details of their sealed or expunged records?

This article will delve into the complexities of background checks and explore whether sealed records and expungements can remain hidden or if the right investigative tools can still uncover them.

Sealing vs. Expunged Records

Before delving deeper into the intricacies of sealed and expunged records, it’s important to clarify the distinction between the two terms. Both sealed records and expunged records involve the process of petitioning the court to review and potentially modify one’s criminal record. They also both have the ultimate objective of enhancing opportunities for employment, education, housing, and overall life progress. However, there are some differences.

Sealing Records

When authorities seal a record, access to the information contained within that record is restricted or limited. In fact, according to online data from the National Employment Law Project, approximately 70 million adults have a criminal record in the United States. The primary purpose of sealing records is to maintain confidentiality and protect an individual’s privacy, creating opportunities for these individuals to move forward in their lives. Sealed records are typically not visible during routine background checks conducted by employers or other entities, empowering individuals to pursue employment, educational opportunities, and other aspects of life without the constant stigma and limitations associated with a criminal past.

The legal process for sealing records involves petitioning the court to review and potentially modify an individual’s criminal record. The specific procedures and requirements vary by jurisdiction, but generally, it entails filing an application or motion with the court, providing supporting documentation, and attending a hearing. The court assesses factors such as the nature of the offense, the individual’s behavior since the conviction, and rehabilitation efforts. If the court approves the request, they will seal the records, making them confidential and inaccessible to the public.

Expunging Records

Expungement goes a step further by completely erasing or eliminating a criminal record. Expungement aims to provide individuals with a clean slate as if the offenses or convictions never occurred. Expunged records should not appear on standard criminal background checks, allowing individuals to move forward with their lives without the burden of their past mistakes. This process aims to empower individuals by removing the barriers and prejudices associated with a criminal history, thus fostering rehabilitation and reintegration into society.

The legal process for expunging records involves seeking a court order to completely erase or eliminate an individual’s criminal record. The specific procedures and eligibility requirements vary by jurisdiction. Still, generally, it entails filing a petition with the court, providing evidence of eligibility (such as completion of probation or a certain period of good behavior), and attending a hearing. The court evaluates factors such as the nature of the offense, the individual’s criminal history, rehabilitation efforts, and the impact of expungement on public safety. If the court grants the petition, they effectively erase the records, as if the offenses or convictions never occurred. Expungement offers individuals a fresh start, free from the negative consequences of their past actions, and aims to facilitate their reintegration into society.

Exceptions and Specialized Background Checks

In certain special circumstances, sealed records may be accessible during background checks. While the sealing of records generally protects individuals from the consequences of their past actions, there are situations where specific parties may still have access to this information.

For example, authorities may grant law enforcement agencies, certain government entities, and regulatory bodies access to sealed records in the interest of public safety or national security. Therefore, it’s important to know these exceptions exist and understand the specific criteria and procedures involved.

Government Positions And Security Clearances

Government positions often require individuals to undergo rigorous background checks, and the significance of sealed records becomes evident in this context. According to public data from the Office of Personnel Management, approximately 87% of federal government background investigations include reviewing an applicant’s criminal history.

Authorities may consider sealed records part of the evaluation process when applying for government jobs, especially those involving sensitive information or national security. These positions often require individuals to obtain security clearances, and sealed records may be disclosed and assessed during the clearance process. Applicants must maintain transparency and honesty regarding their sealed records during these proceedings, as providing false information can lead to severe legal consequences. Being forthright about any sealed records ensures compliance with the requirements and helps maintain the integrity of the background check process for government positions.

Databases That Are Misinformed

Sometimes courts and agencies do not proactively inform the public about expungements. This means that even if an individual obtains a court order to expunge or seal a record, that order may not reach the criminal record database companies. These database companies serve as a source of criminal record information for many background screening companies in the United States.

Consequently, if an employer, school, or landlord relies on these sources, there is a possibility that they may come across a criminal record that should be sealed or expunged. However, it’s important to note that employers are legally obligated to notify candidates of their intent to make an adverse decision based on such records. Additionally, candidates must be allowed to dispute the accuracy or relevance of any records obtained through these channels. This process ensures that individuals can address discrepancies and safeguard their rights during the background check process.

Consulting Legal Professionals

Navigating the complexities of sealed records and background checks can be challenging, especially if you’re unsure about your jurisdiction’s laws and procedures. Online data from the National Employment Law Project shows that approximately 40% of U.S. adults have a criminal record or a family member with a criminal record. With such a significant portion of the population affected, seeking guidance from legal professionals specializing in criminal or employment law becomes even more crucial.

These experts possess in-depth knowledge and experience handling sealed records and can provide invaluable guidance tailored to your circumstances. They can help you understand the nuances of sealed records, explain the potential implications of background checks, and provide insights into your rights and legal recourse. By seeking professional assistance, you can make well-informed decisions and take proactive steps to protect your privacy while moving forward with your personal and professional pursuits.

Moving On

Moving on after sealing your criminal records is an important step towards reclaiming your life and embracing new opportunities. Firstly, it is crucial to acknowledge your past mistakes and take responsibility for them. Understand that sealing your records is not erasing your history but rather a chance for a fresh start. Secondly, focus on personal growth and rehabilitation. Engage in activities that promote self-improvement, such as pursuing education, learning new skills, or participating in community service.

Remember, moving on is a journey, and with determination and resilience, you can pave a path toward a brighter and more fulfilling life.