If I had a 20 year old misdemeanor expunged and sealed but it’s still appears in a background check, how do I ensure that this record no longer shows up?

I work in the child care field as a preschool teacher. In order to be employed I need to have a clean background via livescan finger printing. At my last fingerprinting, the record had not been expunged and new employers are attempting to transfer the old fingerprints, as opposed to having me printed again. Can I ask that I be printed again? Could the transfer of the prints be the reason the sealed record is still showing? Whom can I contact regarding the fact that my sealed/expunged case is still showing? This has needlessly cost me jobs.

Asked on February 3, 2016 under Criminal Law, California

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You need to request copies of the reports that are still reporting the expunged information and then dispute the entries.  What probably happened is that the data had already been sold to a reporting agency in the private sector and the expungment never trickled through.  So... you need to dispute the entry on your record with the private sector.  After you have finished these disputes, then you need to have any other employers re-run your history... which should be cleared at that point.  If the reporting agencies continue to report data which has been expunged, you can hire an attorney to sue or threaten to sue the agencies because they are causing an economic loss to you, namely the loss of potential jobs.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.