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  1. #1
    Join Date
    Oct 2006
    Posts
    4

    Default Telling an Employer About an Expunged Record

    I had a record expunged a year ago. I am currently working for an agency that has a relationship with the federal goverment. When I applied for the job it stated on the application that if your record has been expunged you dont have to answer yes to the criminal back ground company. Since then they have transferred me to the department which has federal ties. It required that I got finger printed, and also they are going to do a criminal bac ground check. I was wondering, since they are the federal goverment can they see that my record was expunged? Also do I have to say that I have an expunged record. Please advise.. Thanks in advance

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Telling an Employer About an Expunged Record

    In what state are you employed? In what state did you receive your expungement? In simple terms, what type of conviction was it that you had expunged?

  3. #3
    Join Date
    Oct 2006
    Posts
    4

    Default Re: Telling an Employer About an Expunged Record

    I'm in Illinois. The charge was misuse of a credit card. It was a misdemeanor charge.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Telling an Employer About an Expunged Record

    Illinois has the following statutes which appear relevant to your situation in terms of a background check by an Illinois employer, but would not limit a federal background check:
    Quote Quoting Illinois Treatment of Criminal History After Expungement
    775 ILCS 5/2‑103 - Arrest Record.

    (A) Unless otherwise authorized by law, it is a civil rights violation for any employer, employment agency or labor organization to inquire into or to use the fact of an arrest or criminal history record information ordered expunged, sealed or impounded under Section 5 of the Criminal Identification Act as a basis to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment. This Section does not prohibit a State agency, unit of local government or school district, or private organization from requesting or utilizing sealed felony conviction information obtained from the Department of State Police under the provisions of Section 3 of the Criminal Identification Act or under other State or federal laws or regulations that require criminal background checks in evaluating the qualifications and character of an employee or a prospective employee.

    (B) The prohibition against the use of the fact of an arrest contained in this Section shall not be construed to prohibit an employer, employment agency, or labor organization from obtaining or using other information which indicates that a person actually engaged in the conduct for which he or she was arrested.

    20 ILCS 2630/12 - Entry of order; effect of expungement or sealing records.

    (a) Except with respect to law enforcement agencies, the Department of Corrections, State's Attorneys, or other prosecutors, and as provided in Section 13 of this Act, an expunged or sealed record may not be considered by any private or public entity in employment matters, certification, licensing, revocation of certification or licensure, or registration. Applications for employment must contain specific language which states that the applicant is not obligated to disclose sealed or expunged records of conviction or arrest. Employers may not ask if an applicant has had records expunged or sealed.

    (b) A person whose records have been sealed or expunged is not entitled to remission of any fines, costs, or other money paid as a consequence of the sealing or expungement. This amendatory Act of the 93rd General Assembly does not affect the right of the victim of a crime to prosecute or defend a civil action for damages. Persons engaged in civil litigation involving criminal records that have been sealed may petition the court to open the records for the limited purpose of using them in the course of litigation.

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