Many people assume that once a criminal record is expunged or sealed, it disappears for good. Unfortunately, that is not always how employment background checks work. 

Court records may be updated, but commercial background check databases do not always keep up at the same pace. As a result, information that should no longer appear in your criminal background check employment report may still show up and affect your job search. 

If you have a criminal record that’s been expunged, inaccurate or outdated information should not limit your employment opportunities. Understanding how background checks work can help you recognize potential problems and protect your rights during the hiring process. 

Expunged, Sealed, and Dismissed: Understanding the Differences 

Although these terms are often grouped together, they have different legal meanings that can affect how criminal history information appears in employment background checks. 

• Expunged: An expunged record is typically removed from public access and, in some states, treated as though it never occurred. 

• Sealed: A sealed record still exists but is hidden from public view and may only be accessible to certain agencies or employers. 

• Dismissed: A dismissed case generally means charges were dropped or a court decided not to proceed. 

These legal processes can help people move forward without old criminal matters creating unnecessary barriers to employment. However, they do not always operate the same way in every state. 

Why an Expunged Criminal Record and Employment Background Checks Clash 

Many employers rely on third-party companies to conduct employment background checks. Those companies often collect large amounts of court data and store it in their own databases. 

If those databases are not updated regularly, they may continue showing records that were later expunged, sealed, or dismissed. 

These errors can have serious consequences for workers. A qualified applicant may lose a job opportunity because the employer makes a hiring decision based on outdated or incorrect information in the background report. 

There are also situations where employers may lawfully access information that is unavailable to the general public. Different background check requirements may apply to regulated occupations such as certain government positions, healthcare jobs, and financial sector roles. 

Still, employers and background check companies must comply with background check laws and anti-discrimination protections. 

How Background Check Laws Protect Your Fair Chance Employment Rights 

Even if a record appears on a background check, an employer cannot necessarily rely on that information when making a hiring decision. Federal, state, and local laws provide important protections for workers seeking a fair chance at employment. 

The Fair Credit Reporting Act (FCRA) and Outdated Information 

The FCRA regulates many of the companies that prepare background check reports for employers. 

Under the FCRA, background check providers—which are known as consumer reporting agencies—must “follow reasonable procedures to assure maximum possible accuracy” in their reports. If a background check company repeatedly reports information that was expunged, sealed, or otherwise inaccurate, it may be violating federal law. 

The FCRA also gives applicants rights when an employer plans to rely on a background report. In many cases, employers must give the applicant a copy of the report and an opportunity to correct any mistakes before making a final decision. 

Workers who discover inaccurate information should act quickly to dispute the error and preserve documentation related to the hiring process. 

State and Local Fair Chance Employment and “Ban the Box” Laws 

Many states and cities have adopted employment laws that are intended to give applicants a fair chance to be evaluated on their qualifications, not their record. 

“Ban the Box” laws are one type of fair chance hiring protection. These laws often limit when during the hiring process employers can ask about criminal history or conduct background checks. Some jurisdictions prohibit employers from investigating criminal history until after extending a conditional job offer. 

Many fair chance laws also require employers to conduct an individualized assessment before withdrawing an offer. Rather than automatically rejecting applicants who have records, employers may need to consider factors such as the age of the offense, its relevance to the position, and evidence of rehabilitation. Employees often get an opportunity to provide context and explain why information in a report is not accurate. 

These protections recognize that people should be judged on their qualifications and current circumstances, not solely on past interactions with the criminal legal system. 

Real Steps to Take If an Expunged Record Limits Your Employment Opportunities 

If you believe an employer relied on an expunged, sealed, or dismissed record, consider speaking with an employment attorney as soon as possible. An attorney can help you understand your rights and determine whether and how to request a background check report, gather court records, challenge inaccurate information, or pursue legal remedies. 

You should also preserve documents related to the hiring process, including background check reports, court records, emails, job offers, and rejection notices. These materials may help establish what information was reported and how it affected your employment opportunities. 

Protect Your Criminal History Rights with Outten & Golden 

A criminal record should not become a permanent obstacle to employment. Yet outdated databases and inaccurate reporting practices continue to create barriers for workers seeking a fresh start. 

Understanding your rights under the FCRA, fair chance employment laws, and other background check laws can help you recognize when an employer or screening company has acted unfairly. 

If you believe an expunged, sealed, or dismissed record was improperly used against you during the hiring process, Outten & Golden may be able to help. Contact our intake team at 877-468-8836 to discuss your situation and learn more about your options for protecting your criminal history rights. They’re available to speak to you Monday to Friday, 8:30am to 9pm, eastern time.