Do Expunged Records Appear on Background Checks?

When thinking about background checks, many different questions always come up. Some of the most frequently asked questions include what will, or will not, show up on background checks. So this brings me to talk about expunged records. What are they, and do they appear on a background check?

According to the American Bar Association, “To ‘expunge’ is to ‘erase or remove completely.’ An expungement order directs the court to treat the criminal conviction as if it had never occurred, essentially removing it from a defendant’s criminal record as well as, ideally, the public record.” 

Specifics depend on state laws, but, generally, charges, arrests, and minor convictions are all legally eligible to be expunged.  

Background check companies receive information from a variety of sources, so a conviction could appear in one source, but not another – perhaps because the record has been expunged.

It’s important to learn about your state’s specific background check laws because disclosure of convictions after a certain period of time is forbidden in certain states. This is the case in California, Kansas, Massachusetts, Maryland, Montana, New Hampshire, New York, and Washington. Hawaii forbids disclosure of convictions after 10 years.  

Nearly all background checks include a criminal-history check and reveal felony and misdemeanor criminal convictions, any pending criminal cases, and any history of incarceration as an adult. 

Arrests pending prosecution and that did not lead to conviction may also be reported. 

Records of juvenile convictions and detention that have been sealed by a court typically do not appear in such a search.

Expunged vs Sealed Records 

When a court expunges a conviction or trial record, the public does not have access and the defendant retains the right to not disclose the case when asked about his/her criminal history. 

Sealed cases are not eligible for disclosure in most pre-employment background checks.

If there is a significant time delay between the resolution of a case and the decision to expunge it, the records may continue to appear in criminal-background database searches until records are updated to reflect the expungement. 

How To Ensure A Complete Background Check That Includes Expunged Records

Background checks’ contents can vary considerably - depending on the employer’s requirements, the quality of the information resources used by the screening company and the state.  

The best way to ensure a check is compliant with federal and local regulations is to work with an FCRA compliant background check company. 

It is imperative to work with a background check company that is well-versed in varying state expungement laws and with those who work with the most comprehensive and up-to-date criminal record sources by state.

These companies are the providers who offer the best value, as they can also help companies and organizations to best identify those potential candidates whose expunged records may or may not be the right candidate for the job, or who may or may not pose a potential threat.  

For more information on how you can implement comprehensive background checks in your business, click here.