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  1. #1
    Join Date
    Dec 2011
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    2

    Default How to Remove Records from Private Companies

    So here's a quick summary of my background..

    Back in 2003, I was convicted of a felony and was given probation, restitution and community service. I ended up completing my probation within 3 years of my sentencing. During the summer of this year, I was granted an expungement (exception) due to character change over the years. I basically went back to school, graduated with three different degrees and volunteered years of my life to different non-profit organizations.

    So after graduating from school this summer I've been having an extremely difficult time finding employment. I am currently working part-time for a small business (no background check) but I cannot land a job through a recruitment agency nor through a corporation. I know most of these companies due a mandatory background check but how do I go by removing the records from these private companies? Or how do I find a list of the major companies?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
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    24,521

    Default Re: How to Remove Records from Private Companies

    You graduated this past summer. You've been looking for a job for, what, four months? in an economy where people with twenty years of experience and perfectly clean records are taking up to two years, or more, to find a job.

    Background checks are done by employers ONLY after they have interviewed all the candidates they intend to offer, and then they do them only on the top three (or fewer) candidates. They do NOT do background checks before deciding whom to interview.

    But the only reason you can't find a job is because of your criminal history?

  3. #3

    Default Re: How to Remove Records from Private Companies

    No readily easy or practical way exists to check the commercial databases which gather and disseminate criminal records information in order to determine if the information on you is accurate. Fortunately, these database companies have their own financial incentives to update their records periodically. Consequently, if a prospective employer undertakes a background check on you, it is entirely possible, if not likely, the check will reflect you current, clean slate. More fundamentally, by virtue of the expungement order you can truthfully respond in the negative when asked whether you have ever been convicted of a felony or whether you have a felony conviction record.

    Of course, notwithstanding the foregoing, there is no guarantee a prospective employer will never discover you once had a felony conviction record. With electronic dissemination, it is virtually impossible “to put the genie back in the bottle.” An intrepid researcher can locate references to your 2003 felony conviction notwithstanding the 2011 expungement order. Needless to say, discovery of the felony conviction significantly undermines the effect of the expungement order.

    Considering that employers in most jurisdictions can lawfully deny “at-will” employment to individuals with “expunged” criminal records, you may want to consider focusing your job search in the significant minority of the states which have taken legislative action to ameliorate this harsh reality for workers with criminal histories. Fourteen states prohibit discrimination against some form of ex-offender discrimination in the workplace. Arizona, Colorado, Connecticut, Florida, Kentucky, Louisiana, Minnesota, New Mexico and Washington ban ex-offender discrimination in public employment. Five other states, Hawaii, Kansas, New York, Pennsylvania and Wisconsin, prohibit this form of job discrimination in both private and public employment. (Additionally, a number of municipalities, e.g., San Francisco, CA, have restricted employers’ ability to rely on criminal record information in making hiring decisions.) Your record should have less of a potential impact in these jurisdictions.

  4. #4
    Join Date
    Dec 2011
    Posts
    2

    Default Re: How to Remove Records from Private Companies

    Quote Quoting cbg
    View Post
    You graduated this past summer. You've been looking for a job for, what, four months? in an economy where people with twenty years of experience and perfectly clean records are taking up to two years, or more, to find a job.

    Background checks are done by employers ONLY after they have interviewed all the candidates they intend to offer, and then they do them only on the top three (or fewer) candidates. They do NOT do background checks before deciding whom to interview.

    But the only reason you can't find a job is because of your criminal history?
    I'm pretty sure its due to criminal history. I had over 20 different job interviews in those past 4 months with majority of the interviewers basically promising me the position. But low and behold weeks later I never receive a follow-up call or email. I've sent multiple emails as a follow-up but I have yet to receive an answer from any one of them. Yes, the economy has an affect on job seekers but I am fortunate enough to not be effected.

    Quote Quoting ESteele
    View Post
    No readily easy or practical way exists to check the commercial databases which gather and disseminate criminal records information in order to determine if the information on you is accurate. Fortunately, these database companies have their own financial incentives to update their records periodically. Consequently, if a prospective employer undertakes a background check on you, it is entirely possible, if not likely, the check will reflect you current, clean slate. More fundamentally, by virtue of the expungement order you can truthfully respond in the negative when asked whether you have ever been convicted of a felony or whether you have a felony conviction record.

    Of course, notwithstanding the foregoing, there is no guarantee a prospective employer will never discover you once had a felony conviction record. With electronic dissemination, it is virtually impossible “to put the genie back in the bottle.” An intrepid researcher can locate references to your 2003 felony conviction notwithstanding the 2011 expungement order. Needless to say, discovery of the felony conviction significantly undermines the effect of the expungement order.

    Considering that employers in most jurisdictions can lawfully deny “at-will” employment to individuals with “expunged” criminal records, you may want to consider focusing your job search in the significant minority of the states which have taken legislative action to ameliorate this harsh reality for workers with criminal histories. Fourteen states prohibit discrimination against some form of ex-offender discrimination in the workplace. Arizona, Colorado, Connecticut, Florida, Kentucky, Louisiana, Minnesota, New Mexico and Washington ban ex-offender discrimination in public employment. Five other states, Hawaii, Kansas, New York, Pennsylvania and Wisconsin, prohibit this form of job discrimination in both private and public employment. (Additionally, a number of municipalities, e.g., San Francisco, CA, have restricted employers’ ability to rely on criminal record information in making hiring decisions.) Your record should have less of a potential impact in these jurisdictions.
    Would it be possible to find the major companies and send a copy of the expungement order?

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: How to Remove Records from Private Companies

    Yes, the economy has an affect on job seekers but I am fortunate enough to not be effected.


    If you are not affected, then why are you here complaining that you can't find a job? Sure sounds like you're affected to me.

    You realize, of course, that in many jurisdictions even if you force a copy of the expungement on them you can still be denied employment for the criminal history?

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    98,846

    Default Re: How to Remove Records from Private Companies

    Unless you get around to following the instruction to identify the state, nobody here can point you to the laws of that state.

  7. #7

    Default Re: How to Remove Records from Private Companies

    First, as stated above, OP, it is important to identify your state. Ex-offenders have greater employment protections in certain jurisdictions.

    Second, if you received the expungement order in 2011, it would not surprise me that employers within the last four months may have still come across the 2003 conviction record if they conducted a background check. The data collection companies update their databases in a largely haphazard, unregulated fashion. There is certainly no guarantee your expungement order has caught up with the records the data collection companies previously received from the sentencing court.

    With that said, since you evidently have not been formally offered any of these positions, it is far from certain you were denied these opportunities uniformly because of your criminal past. Many companies do not conduct background checks until applicants are finalists for the positions or selected for the positions.

    Third, unless you are professional athlete or in some other rare profession, you have undoubtedly been adversely affected by the economy. Certainly, there are more individuals competing for every job opening over the last three to four years than at any other period in our adult lifetimes.

    Finally, you can undertake to write the major data collection companies in order to provide them with a copy of the expungement order. It certainly cannot hurt.

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: How to Remove Records from Private Companies

    Many companies do not conduct background checks until applicants are finalists for the positions or selected for the positions.

    Make that, most if not all companies. I've been doing HR for over 30 years and I've yet to find a company that does background checks on anyone but a finalist.

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