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  1. #1
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    Dec 2017
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    Default Can a Third Party Display Your Sealed Criminal Record

    My question involves criminal records for the state of: GA & NC. I had a felony on my record and went through the process of having it sealed. I paid my restitution and everything. I went through the process of getting the record sealed for a job and the first Offender is now sealed in the state of Georgia. I am living in NC and was recently offered a position but then he position was resent based off the item displaying on my record. I called the 3rd party company explaining to them that the record should no longer display and it should be removed. They are saying that itís reporting correctly but itís sealed so it shouldnít show at all. They said it needed to removed at a county level which I donít understand. Please and what Can I do to remove it from a 3rd party

  2. #2
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    Default Re: Can a Third Party Display Your Sealed Criminal Record

    Should we guess here that you're speaking of a company that your prospective employer hired to perform a background check, and that your criminal history appeared on their report?

    When you asked the company what it meant about removing your record at the county level, what did the representative tell you?

    Have you checked your record at the Georgia Crime Information Center to ensure that the order sealing your record was properly processed by the state?

  3. #3
    Join Date
    Dec 2017
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    Default Re: Can a Third Party Display Your Sealed Criminal Record

    Quote Quoting Mr. Knowitall
    View Post
    Should we guess here that you're speaking of a company that your prospective employer hired to perform a background check, and that your criminal history appeared on their report?

    When you asked the company what it meant about removing your record at the county level, what did the representative tell you?

    Have you checked your record at the Georgia Crime Information Center to ensure that the order sealing your record was properly processed by the state?
    Thanks for replying, this is what they wrote and I donít understand: Thank you for your patience. Unfortunately, our disputes supervisor has reviewed the documentation you provided and determine that it would only serve to remove the record from the report if we were completing a GA statewide criminal search. However, per the supervisor, being that this was a county level criminal search and the record is being reported as not being expunged or sealed at the county level court. The record is reporting as it should based on this search. In order to have the record not report, you would need to have it expunged and/or sealed at the county level court and a new report would need to be ordered by the hiring company. Please let me know if you have any further questions or concerns on this.

  4. #4
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    Default Re: Can a Third Party Display Your Sealed Criminal Record

    If they're suggesting that your record shows up on searches of the county court records in the county in which you were convicted, check to see what happens when you search for your record with that court.

    If your record appears at the county level, and the county record was not already ordered to be sealed, you may file an action asking the court to seal the record. If the existing order requires the county court record to be sealed but that record is nonetheless not sealed, you can ask the court clerk to properly process the order such that the record is sealed. There's a lot of information on sealing records here.
    Quote Quoting Process for Sealing Court Records
    To get the file of your restricted charges sealed you must file an action and show the court that the harm suffered by the clerk’s record remaining public (i.e., denial of jobs, licensing, housing, etc.) outweighs the interest in the record being publicly available. In other words, you need the file sealed more than the public needs access to the file. See O.C.G.A. 35-3-37(m).

    The process to seal the records of the court is as follows:

    1. Get a certified copy of the final disposition in your case from the clerk of court where your case was handled.
    2. Prepare the motion. A sample motion is included in these instructions.
    3. Sign and date the motion.
    4. Indicate the case number assigned to the criminal case.
    5. Attach the final disposition and any other required documentation. (NOTE: Do not attach a copy of your criminal history.)
    6. Attach any additional documentation showing that the presence of the record on your GCIC criminal history record is causing you harm (such as letters of employment or housing denials based on your background).
    7. Make three copies of your original documents.
    8. File the Motion and Draft Order in the criminal division of the clerk of court that handled the case. There should not be a filing fee. (NOTE: If the case was a felony, you should file the motion in the superior court. If the case was a misdemeanor, the motion should be filed in the state court.)
    9. Deliver or send a copy of your Motion and Draft Order to the office of the prosecuting attorney in the original case and the clerk of court.
    10. If you requested a hearing, the judge will hear testimony about whether record restriction is appropriate in your case.
    11. If the judge finds that restriction is appropriate, he or she will sign the order. It must be filed with the clerk of the court that handled the case.

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