I was recently denied employment due to a petty theft misdemeanor back in 2003. I had the misdemeanor expunged in 2005. I just recently graduated college and have been applying to jobs like crazy in the Los Angeles, CA area. I've been getting interviews, but have been turned down due to this misdemeanor. I'm not exactly sure how the law works but, shouldn't my expunged record not be relevant to a consumer report agency background check? Shouldn't the expungement not be disclosed to the employer?
I've called the consumer reporting agency (ChoicePoint), and have spoken to them several times. They said that sometimes the expungement wasn't reported, or wasn't recorded. So they asked me to go to the court and acquire copies of the expungement paperwork. I did just that, and I faxed the paperwork over to them. They are now opening a dispute, and they said once the expungement is on file for me, that I won't have to worry about it not showing up anymore. But when ChoicePoint did the background check, why is it that my expungement didn't come up? And sure, ChoicePoint will have my expungement on file, but what about the rest of the California Consumer report agencies?
I've requested an Official Criminal History Report from the DOJ, I should be receiving that in the next week or so. Should the Expungement be on my official criminal history report from the DOJ? If it's not on there, and should be, I'm going to contest the information on there stating that is incorrect and I'm going to try to get it corrected. But, what if it is on there? Does ChoicePoint still have the right to notify my employer of my misdemeanor even if it is stated as expunged? Much thanks ahead of time for your responses, as I've researching this matter for the last 3 weeks and have been going insane.