Why Do Criminal Records Show Up on a Background Check After Expungement

[das1000me]

My question involves labor and employment law for the state of: Pennsylvania, or Any state for that matter.

Good day. My question is, why does one's criminal records (in my case, simple assault which was noted as "Withdrawn/Dismissed") still show up in companies that list their background checking services on the internet even after a court-granted expungement? And, how long after an expungement will these companies continue to list these records?

[Mr. Knowitall]

I expect that either they obtained the information before the expungement was processed, or that they are picking up the information from a source not affected by the expungement order (such as from court records). See 18 Pa.C.S.A. § 9122 and 18 Pa.C.S.A. § 9104.

[ESteele]

Not surprisingly, Mr. K is correct. An expungement order has its benefits. Any affected individual who can obtain one should take the steps to have his or her criminal record expunged. However, in the Internet age, criminal record information can be mined from various sources in addition to the court clerk’s office. Knowledge of your arrest can often be gleaned from such sources despite the issuance of a valid expungement order.

It may be worthwhile for you to write the companies which list your arrest in their databases. It is in their respective best interests for their database to be accurate. If the charges were expunged, then their databases should reflect that fact.

In addition, fortunately for you, OP, you appear to live and work in PA. PA and four other states (Hawaii, Kansas, New York and Wisconsin) generally prohibit “irrational” discrimination against ex-offenders in both private and public employment. Consequently, it would likely be unlawful for a prospective employer to deny you employment based on a discharged, expunged criminal charge.

[das1000me]

Mr. Knowitall,

Just back on the site since my last visit and wanted to thank you for your info. Have a great day!

- - - Updated - - -

ESteele,

I am back on the site since my last visit and wanted to thank you for your info. Have a great day!

- - - Updated - - -

or that they are picking up the information from a source not affected by the expungement order (such as from court records). See 18 Pa.C.S.A. § 9122 and 18 Pa.C.S.A. § 9104.[/QUOTE]

By this do you mean that "court records" will ALWAYS have the case in their files? OUCH! I thought it would "disappear," altogether!

[AZDeputyClerk]

Unfortunately, these records check companies obtain their information through data mining and there are presently no industry standards or laws (that I know of) that require them to update their records, whereas government agencies are required to do so.

[das1000me]

Thank you, AZDeputyClerk. Have a great day!