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  1. #1

    Default Expunged Records Remain in Databases of Private Background Investigation Firms

    Can somebody tell me if what, if any, of the stuff this guy is saying is indeed true? And if it is, is he basically saying I have to have my official expunged papers fax/mailed directly from the courts instead of from myself or a lawyer? Please see his email below when I had asked him why my record is on their database (performed a self background check) when it has already been expunged and if they could remove it once I fax them the original expunged paperwork.

    We have talked with our attorneys and they have advised us NOT to remove
    the record. expungment does not mean the record did not exist. your state
    has no case law that requires private companies to remove Criminal Records
    purchased through any Jurisdictions.

    The order you have only dis-allows federal and state agencies from reviewing
    or using the file, Again Nothing pertaining to private companies.

    We have implemented a new policy regarding the removing of criminal records
    do to an expungment order. We will not remove information that exists in
    our databse for any reason unless we get a direct order to do so from the
    jurisdictional court where the record occurred and placed judgment on the
    case.
    Good day,


    Terry Sweet
    NDR / Integrascan.com
    Criminal Data Division

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Expunged Records in Databases of Private Background Investigation Firms

    These private firms generally hold CA records for seven years - this may vary for records from other states. They are not legally required to remove expunged records and neither is anyone else who legally hold these records.

    Sorry, but you'll have to wait a while before these records disappear from private firms.

    Or, as he mentions, you can go back to the court and see if they will issue an order to the company directing them specifically to remove the records. But, as he points out, expungement generally covers only those records held or reviewed (depending on the specific section covering the expungement) by certain government agencies.

    - carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #3

    Default Re: Expunged Records in Databases of Private Background Investigation Firms

    No need to apologize, Carl. Thank you very much for the reply. Most likely I will have to go directly to the court to have them issue an order to pretty much every private firm. I know it's a one by one process but I will do it. Thank you again,

  4. #4
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Expunged Records in Databases of Private Background Investigation Firms

    And there could be thousands of private firms.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Expunged Records in Databases of Private Background Investigation Firms

    It is very likely that your local court will not issue such a court order, either. While technically possible, this is a matter of private concern and something I doubt the court will want to be involved in. Plus, as SJ pointed out, there are many, many firms that deal with this and not all of them may be interested in rolling over on something that they may not have to.

    You can no more remove every vestige of this crime from all records than you can remove it from the memory of those involved.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  6. #6

    Default Re: Expunged Records in Databases of Private Background Investigation Firms

    It is a sad, sad day. I received my background report from a potential employee who extended me an offer and most likely will rescind the offer once they review the report. Even though the report states that the case is dismissed and there is a 1203.4PC record clearance, the fact that the report is very detail in the charges (conviction, probation, x number of cummunity service hours, etc.) is very saddening even after an expungement has taken place. Like many people here, I know that the hope of having a normal life will only happen in the next life. Brings myself and many others here on this board to tears knowing that this scar will never go away in the public eye. I only wished my lawyer had told me that the words 'dismissed' and 'record clearance' came with strings (i.e. no matter what it will still permanently remain on public records), I would have fought those charges to the end instead of accepting a plea bargain to save attorney costs and time all because I mistakenly thought that dismissed and records clearance after the probation period would be as simple as that.

    I don't want to give up fighting to restore my integrity and rights, but when there are so many barriers to overcome, it's definitely an impossible feeling..

    Thank you again for everyones help.

  7. #7
    Join Date
    Dec 2007
    Posts
    1

    Default Re: Expunged Records in Databases of Private Background Investigation Firms

    Quote Quoting ForgiveThySin
    View Post
    ... I only wished my lawyer had told me that the words 'dismissed' and 'record clearance' came with strings (i.e. no matter what it will still permanently remain on public records), I would have fought those charges to the end instead of accepting a plea bargain to save attorney costs and time all because I mistakenly thought that dismissed and records clearance after the probation period would be as simple as that.

    I don't want to give up fighting to restore my integrity and rights, but when there are so many barriers to overcome, it's definitely an impossible feeling..

    Thank you again for everyones help.
    I was in your shoes over 10 years ago. 14 years ago I accepted a plea deal and 10 years ago got it all expunged. Part of the deal I might add. I made the deal to save myself a lot of trouble. Then I encountered the private criminal background reports.

    After many years of soul searching and dealing with the embarrasement I now look back when I see your post.

    You have to forgive yourself and not second guess your decision. You probably would have spent so much money and believe me, the courts are not set up for the prosecutor to lose. I wasn't guilty, but I had a lot of explaining to do. So I took the plea bargain road, and well, it was tough. But if I hadn't and had lost the case, it would have been worse.

    I gave up trying to hide the conviction and when I was asked, I didn't lie. People have the capacity to forgive. And if you think people can't move on past convictions, look at Bill Clinton, Martha Stewart, Oliver North.. just to name a few.

  8. #8
    Join Date
    Jun 2010
    Posts
    2

    Default Re: Expunged Records in Databases of Private Background Investigation Firms

    Quote Quoting ForgiveThySin
    View Post
    Can somebody tell me if what, if any, of the stuff this guy is saying is indeed true? And if it is, is he basically saying I have to have my official expunged papers fax/mailed directly from the courts instead of from myself or a lawyer? Please see his email below when I had asked him why my record is on their database (performed a self background check) when it has already been expunged and if they could remove it once I fax them the original expunged paperwork.

    We have talked with our attorneys and they have advised us NOT to remove
    the record. expungment does not mean the record did not exist. your state
    has no case law that requires private companies to remove Criminal Records
    purchased through any Jurisdictions.

    The order you have only dis-allows federal and state agencies from reviewing
    or using the file, Again Nothing pertaining to private companies.

    We have implemented a new policy regarding the removing of criminal records
    do to an expungment order. We will not remove information that exists in
    our databse for any reason unless we get a direct order to do so from the
    jurisdictional court where the record occurred and placed judgment on the
    case.
    Good day,


    Terry Sweet
    NDR / Integrascan.com
    Criminal Data Division



    I think it's wonderful and hilarious that you have been in trouble with the law and must have a miserable life, making a living running a so-called "background check" company.

    A quick google search reveals numerous complaints about your company refusing to provide opt-out services to people, even when they are victims of stalking and domestic abuse. (see link posted below).

    The only thing sad about a person like you is you have failed to be a law-abiding citizen and remain unwilling to seek the mental health services you obviously need in order to resolve the psychological issues stemming from your own arrests.

    In fact, your company is not even registered with the BBB of NY, even though it does have an "F" rating with the BBB.

    Hopefully, the AG's office will go after IntegraScam as it is going after debt collectors who resort to illegal tactics to harass citizens.

    If you think selling personal data without providing opt-out services (as required by FOIL) is going to erase your own criminal history you are quite mistaken.

    For those of you interested in gaining more insight into Terry Sweet's pathetic life, please follow this link:

    http://www.privacyrights.org/online-...nsumer-privacy

  9. #9
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Expunged Records in Databases of Private Background Investigation Firms

    Quote Quoting magpiexo
    View Post
    I think it's wonderful and hilarious that you have been in trouble with the law and must have a miserable life, making a living running a so-called "background check" company.

    A quick google search reveals numerous complaints about your company refusing to provide opt-out services to people, even when they are victims of stalking and domestic abuse. (see link posted below).

    The only thing sad about a person like you is you have failed to be a law-abiding citizen and remain unwilling to seek the mental health services you obviously need in order to resolve the psychological issues stemming from your own arrests.

    In fact, your company is not even registered with the BBB of NY, even though it does have an "F" rating with the BBB.

    Hopefully, the AG's office will go after IntegraScam as it is going after debt collectors who resort to illegal tactics to harass citizens.

    If you think selling personal data without providing opt-out services (as required by FOIL) is going to erase your own criminal history you are quite mistaken.

    For those of you interested in gaining more insight into Terry Sweet's pathetic life, please follow this link:

    http://www.privacyrights.org/online-...nsumer-privacy
    You opened up a thread that has been dormant for 2 1/2 years just to rant about this guy?

    You must have some serious grudge!
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  10. #10

    Default Re: Expunged Records Remain in Databases of Private Background Investigation Firms

    I posted a complaint at pissedconsomers.com about Integrascan. After nothing happening for eight months, I've gotten several email notifications of replies to it. All have come from the same person, who has made six replies in the past four days, including a post of this link, which would logically mean it's the same person who posted here. It's an obvious agenda. However, Integrascan, does have quite a few such rants on the internet, and they probably aren't all from the same person.

    Aside, even though my last name is Barrister, I'm not an attorney.

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