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  1. #1
    Join Date
    Jan 2007
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    13

    Question How to Get Private Background Search Companies to Remove Expunged Records

    Hi I am a pre-med student in the state of texas, that is about to apply to medical school hopefully next year. I got arrested twice(all charges in texas) when I was in highschool. I have about 4 charges on my record, three were dismissed, and I have one conviction of MIP of alcohol. The charges occured about five years ago. I have been reading a lot of threads and from what i understand the dismissed charges can be expunged, but all i can do with the conviction is try to get a pardon. Ok so lets say i go ahead and try to get the dismissed charges expunged off my record. Once my record is expunged, how would i get all the private background search companys to erase expunged recordes that were obtained prior to the expunction? Would I have to contact one by one. I hope not, considering there is like a zillion private background search companys.
    Glutamate

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: How do I get private background search companys to remove expunged records?

    Q: Once my record is expunged, how would i get all the private background search companys to erase expunged recordes that were obtained prior to the expunction?

    A: You could try asking each company; but I can't give you much hope on getting that stuff cleared.

  3. #3
    Join Date
    Jan 2007
    Posts
    13

    Default Re: How do I get private background search companys to remove expunged records?

    Does anyone know if the private background search companys have a database of every person in the US that has commited a crime, or do they access that background records only when a company or person reqeusts that information, and then add the record to their companys database? Im geussing they access records upon reqeusts and then store the info. Im trying to figure out how these companys work, any info would be greatly appreciated.

  4. #4
    Join Date
    Jun 2006
    Location
    Arkansas
    Posts
    643

    Default Re: How do I get private background search companys to remove expunged records?

    I think all you can do is obtain the pardon and expungement (or expunction) and everything else has to be left to the companies. I'm not aware of any provision of law where you could compel them to remove the information from their databases any more than you could compel a private individual to forget that an offense occurred because the person had their record expunged or received a pardon. In some sense of the word it will always be a matter of record. Also, in many jurisdictions, pardons are public record--if they are high profile enough they may even get discussed in the news.

  5. #5
    Join Date
    Feb 2007
    Posts
    3

    Default Re: How do I get private background search companys to remove expunged records?

    THe reality of expungement is that a good investigator can always find out about the record anyway. By "investigator" I don't even necessarily mean PI, I mean a good snooper. I've tested the waters for a number of people who had records expunged or officially sealed and in every single case I was able to find out what they did, what the sentence was, how long they served...etc.

    If I can do it, a professional snoop can do it.

    You've also go to ask yourself how many photocopies or Xeroxs were made of the paperwork. Can you ever really be sure all the copies were sealed up or destroyed? The answer is 'absoltuely not'. Your attorney can get your record officially expunged or sealed, but he or she can never get all the unofficial copies destroyed and all the yakkety clerks hushed up. That is, unfortunately, reality.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: How do I get private background search companys to remove expunged records?

    Quote Quoting glutamate23
    View Post
    Does anyone know if the private background search companys have a database of every person in the US that has commited a crime, or do they access that background records only when a company or person reqeusts that information, and then add the record to their companys database? Im geussing they access records upon reqeusts and then store the info. Im trying to figure out how these companys work, any info would be greatly appreciated.
    Now how would they have a record of pre-expungement convictions if they only researched post inquiry?

    They typically research court records and simply add them in their entirety to the database.

    I believe that if a person is granted expungement, their personal records wherever they exist, should be required to expunge those facts as well. The info itself can be damning. As it is stated, you can't unring the bell. The reason for an expungement is to remove the proof of the action, not merely pardon it. By the info suppliers continued maintianance of that record,, they are responsible for damage the courts have determined to be non-existant.

    Don't know if it's been tried. Maybe you (if affected by a negative report post expungment) should sue the suppliers of info for negligent injury due to their continued reporting of an exponged record. Although it may ne a fact one had a record of some sort, the intent of expongement is to remove that record and the resulting harm caused by that record. The continued reporting of that record is in contrast to the actions of the courts. Maybe one could even argue intentional harm since they would most assuredly be aware of the results of reporting such info and they still continue to report it.

  7. #7
    Join Date
    Aug 2005
    Location
    Dallas-Fort Worth
    Posts
    158

    Default Re: How do I get private background search companys to remove expunged records?

    If you get an expungement, the court will not notify those companies. Thus, you will need to notify them and send a copy of the order. Most will comply and remove the records especially considering they would be violating Texas law if they don't (Texas makes it a Class B Misdemeanor I believe). Although there are quite a few such companies, there are at most between 120-130 that you will need to notify which can be done with a form letter. How many you choose to notify depends on how thorough you wish to be.

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