About Expungements

Millions of Americans have criminal records, many of which will become eligible for expungement at some point. Once a record is expunged, it is no longer available to the public. Employers may not consider expunged records while making employment-related decisions about consumers. Expunged records also grant a consumer the right not to disclose their case to a potential employer.

Why Expungements Are More Common

There is a nationwide movement to help people who have criminal records gain a second chance to employment and other necessities. Numerous studies have shown that having any type of criminal record can make it difficult for people to get jobs and rejoin society.

Hundreds of Second Chance laws have been passed by city, county, and state government agencies. Many of which create expungement opportunities for lower-level, non-violent offenses. One common example comes from laws that legalize medicinal or recreational marijuana. When such laws are changed, some people may be left with records related to events that are no longer crimes. Expungements are often granted to resolve that problem.

What Your Business Should Know

Laws and best practices have changed over the last few years. A decade ago, employers may have disqualified a candidate who had a criminal record for marijuana possession. Today, hiring managers are typically asked to consider whether a conviction is relevant to the position being sought.

Importantly, it's crucial to understand that using records that have been expunged is not permissible when making hiring or other employment decisions. Given the frequent updates to laws and the growing prevalence of expunged records, it's essential to only review current, reportable data. Additionally, some laws mandate automatic expungement of records after a certain period. Therefore, relying on background checks older than 30 days may not be advisable.

How Backgrounds Online Helps

Working with an accredited Consumer Reporting Agency like Backgrounds Online makes the screening and hiring process easier. We obtain data directly from courthouses to ensure we have the most accurate and up-to-date information possible. Our reports provide the facts you need to identify and hire safe, qualified individuals who will help your business thrive.

Our team has various safeguards in place to make sure the reports we produce do not include:

• Expungements
• Arrests that did not lead to convictions
• Deferred adjudications
• Other records that should not be reviewed

Background checks continue to be an essential tool for hiring managers. They can uncover various types of records, such as fraud, violence, felonies involving narcotics and other serious crimes that might indicate an applicant poses an undue risk.