am i giving permission to access sealed records if i sign the consent to crim check?

[scottchiusano]

What is the name of your state (only U.S. law)? NY

almost all employment

has a section that says that employment is contingent on a passed background check

normally, if they wanted my state rap sheet or the courthouse records, they would be denied access

or told that "no public record" could be found regarding me

however, I had a clash with the law that was eventually dismissed and sealed

If i consent to a background check, does that give them permission (as a designated agent or otherwise) to access sealed records that the state and the courthouse would give me(because I am the subject of them)

also, my case was sealed in an advanced ACD

in the 2 months it was an open case, what if a background check company obtained my records? how do I make them update it?

 

[HighwayMan]

You make it seem like these firms that do background checks do them on everyone all the time and store the records in some massive database.

That is not how it works. When a check is requested that is when the public records are searched.

You consent to a background check by filling out the employment application, not by signing some special form.

Why don't you run a check on yourself and see what you find? You can also get your own criminal history through the NYS Division of Criminal Justice Services.

 

[scottchiusano]

You make it seem like these firms that do background checks do them on everyone all the time and store the records in some massive database.

That is not how it works. When a check is requested that is when the public records are searched.

You consent to a background check by filling out the employment application, not by signing some special form.

Why don't you run a check on yourself and see what you find? You can also get your own criminal history through the NYS Division of Criminal Justice Services.

yea I already obtained my own criminal history thru the NYS DCJS

it says that upon fingerprinting, I have no record on file

upon a second search of sealed records, there may be possible identification

while i understand that merely filling out the application allows them to do a background check, my question is now that "does signing the application authorize them to access sealed records"

because I know that if you give notarized authorization to a designated agent (usually an attorney), they can access your sealed records

however, regardless of whether or not an employer/recruiter is an authorized agent, i wonder if they are allowed to access sealed records

P.S. do you recommend any background checking companies or industries

I have extensively browsed through Hireright and Kroll's websites and I still have not found a mechanism by which an individual can check his own record

most of their solutions are for businesses

thanks

 

[HighwayMan]

No employer, besides law enforcement, should have any special access to anything, including sealed records.

 

[scottchiusano]

No employer, besides law enforcement, should have any special access to anything, including sealed records.

ahhh they shouldnt but do they?

the court clerk(im not sure how qualified she is)

but she told me that if an employer brings the signed application, she will tell them what her computer details

ie seaaled information!
as opposed to the

"no public record" response they would get if they didnt have that sheet

sorry if im being importune but as you may imagine, it is very confusing especially with 2 sources saying polar-opposite things