Plenty of people are looking for new jobs and better opportunities. But the prospect of new employment may also include the concern and hesitation of a background check. More than ever, employers are requesting background checks prior to employment. And with greater access to public records and databases via the internet, background check companies are profiting and potentially putting your future on the line.
If you have incidents such as a prior conviction on your history or record, it may be necessary and appropriate to request to seal or expunge those records.
Expungement of Records
Expungement is a civil action process where the records are no longer accessible through the state or Federal repository. The records may still be available to the court and law enforcement, but they are no longer part of the public record. The event is treated like it never occurred. If you are granted an expungement, the prior conviction should no longer be reported on a background check. You may be eligible to request an expungement if you answer yes to the following questions:
- Are you a first-time offender?
- Did you have a criminal conviction?
- Request to Seal
- A request to seal records essentially destroys all records of the incident from the public, law enforcement, and court records. The files can only be retrieved and reviewed with a court order. You may be eligible to request records to be sealed if:
- You were arrested but never convicted.
- You were arrested but your case was dismissed.
- The prosecutor entered nolle prosequi, meaning no prosecution.
- You have waited the required amount of time since the conviction.
- The conviction is eligible to be sealed.
- The records pertain to when you were less than 18 years old.
- You have completed your probation.
Once your records are sealed or expunged, potential employers will not be permitted to see these records in background checks.
Don’t put your future in jeopardy! Know your rights and protect your reputation by contacting the Khonsari Law Group. Please contact our experienced criminal defense attorneys today at (727) 269-5300 for your free consultation.