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Expungement


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#1 brian2073

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Posted 21 February 2013 - 03:42 PM

So I had a drug arrest which I had dismissed and then later expunged back in 2006. Since then Ive graduated from grad school and had 2 different jobs with very large companies. After my expungement my attorney told me I could check no when asked on job applications if I had ever been arrested and it wouldnt be an issue. He told me the only way it would come up is if I decided to go into law enforcement, take the bar or join the military. Anyways hes been right so far Ive went through two thorough background checks for each of the jobs ive held since finishing school and nothing has came up. So now its time for me to buy a house and I decided to pull my credit report using identity guard and as a bonus they offer a criminal background check as well. And boom there it is my old arrest shows up which I 100% had expunged I went through the whole 9 with my attorney by going in front of the judge and everything. My question is how is this possible for a company like Identity Guard to access that information and if they could do it I would imagine other companies such as Hireright and other background type companies could access it as well. Is there a way I can access state records to make sure it was expunged properly other than accessing the county arrest db(my arrest was removed from there)?

#2 LegalwriterOne

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Posted 21 February 2013 - 04:43 PM

Without knowing what state, no one can tell you....

#3 brian2073

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Posted 21 February 2013 - 07:11 PM

Florida

#4 adjusterjack

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Posted 24 February 2013 - 12:00 PM

Well, you should already know that there is no such thing as 100% expungement. You stated that there were exceptions for the bar, the military, and law enforcement.

It's possible that the criminal background check went deeper than most checks go, or that your conviction got on some outside internet record that wasn't subject to expungement.

I suggest you talk to your attorney about it.

But I suspect that it's always going to be out there someplace where you cannot do anything about it.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#5 brian2073

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Posted 25 February 2013 - 08:23 AM

I was thinking pretty much the same thing which sucks but thanks for the response.




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