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  1. #1
    Join Date
    Jun 2012
    Posts
    2

    Default When Do Expunged Offenses Show Up on a Background Check

    My question involves labor and employment law for the state of: Ohio

    I have applied for a job in Ohio at a place of work that works with children. According to Ohio law certain convictions are automatic disqualifiers, you must not have been convicted of any felony or misdemeanor on a particular list that was shown to me in an HR interview. And, if you were convicted of any of those laws you cannot legally be employed at this institution. Importantly, this is also true if the conviction was expunged. I was convicted of a separate class 4 misdemeanor not on the list, and several years ago had that conviction expunged. I did not list that conviction on the application believing that expungement is exactly that. Now I fear they may have access to that conviction. I don't know what to do.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,009

    Default Re: When Do Expunged Offenses Show Up on a Background Check

    Your conviction was not among the specific convictions that would bar you from employment with that institution. You are not legally required to disclose it, since it was not on that list.

    Take a deep breath. Settle yourself. You'll be fine.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
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  3. #3
    Join Date
    Jun 2012
    Posts
    2

    Default Re: When Do Expunged Offenses Show Up on a Background Check

    Thank you. I talked to my expungement lawyer who expected the same thing. He did, however, raise the concern of fly-by-night background check companies not removing that arrest, but there's nothing I can do about that. Your confidence brings tears to my eyes. It really does. I hope you're right. If anyone else has more info, I would appreciate it.

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