Expunged felony still showing up a year later

[Griffzan]

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

As the title states I had my felony record expunged a little over a year ago, June 22 2015, to be exact. Since then I've applied for a job in retail and have been hired after a background check, I've also bought several firearms also with the initial one being an immediate proceed and everyone after that a delay then a default proceed after 3 days. After working for about 9 months with this company a management position opened up and I applied which lead to another background check by an independent company. After a lengthy wait (1 1/2 months when I was told it should only be a few days) my record comes back and low and behold the felony that I had expunged is on there on the state records check. I'm extremely frustrated for several reasons, first and foremost I may end up losing my job over this, second I currently own about 13 firearms (illegally?) and I would rather not have the ATF at my door hauling me off to jail. (May be an exaggeration, may not be)
Is there something that I can do, preferably quickly, that will remove this from all records? I don't know if somehow paperwork was not filed correctly or some agencies are taking their sweet time and like I said I'm extremely frustrated and stressed out. I'm no longer that person anymore and I moved away from anyone I could lean on to help me and my family if I lose my job. I live in a rural part of Michigan where there are not many jobs and I've worked very hard to be where I am with this one. As always any help would be greatly appreciated.

 

[quincy]

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

As the title states I had my felony record expunged a little over a year ago, June 22 2015, to be exact. Since then I've applied for a job in retail and have been hired after a background check, I've also bought several firearms also with the initial one being an immediate proceed and everyone after that a delay then a default proceed after 3 days. After working for about 9 months with this company a management position opened up and I applied which lead to another background check by an independent company. After a lengthy wait (1 1/2 months when I was told it should only be a few days) my record comes back and low and behold the felony that I had expunged is on there on the state records check. I'm extremely frustrated for several reasons, first and foremost I may end up losing my job over this, second I currently own about 13 firearms (illegally?) and I would rather not have the ATF at my door hauling me off to jail. (May be an exaggeration, may not be)
Is there something that I can do, preferably quickly, that will remove this from all records? I don't know if somehow paperwork was not filed correctly or some agencies are taking their sweet time and like I said I'm extremely frustrated and stressed out. I'm no longer that person anymore and I moved away from anyone I could lean on to help me and my family if I lose my job. I live in a rural part of Michigan where there are not many jobs and I've worked very hard to be where I am with this one. As always any help would be greatly appreciated.

First, when a record is expunged, you need to confirm with the court and the agency that the records have been destroyed.

Then if the felony still shows on background check reports, you need to contact the background check company that still shows the felony. Often background check companies will mine databases and report arrests and charges and convictions but not update their information to show the dispositions (like dismissals or expungements).

When you are denied employment due to a background check, the prospective employer should send you the reason for the denial and information from the background check company so you can contact the background check company and make corrections.

 

[quincy]

Griffzan, there is no need to start more than one thread. If you have additional questions on correcting information on background check reports, please add them to this thread.

 

[Griffzan]

Thank you for your quick reply. I'm a little confused, not at your reply but after logging onto ichat the only thing i could find on my record was; 2 cnt 3800 felony family offenses and 1 cnt 5800 misdemeanor traffic offense. I think the first one is for non payment of child support (long story) and the second is self explanatory. But nothing with my expunged felony. I assumed my lawyer would file all the necessary paperwork with the courts but could I be mistaken and I should have been the one to do that? If so, how do I go about rectifying the situation a year later? I truly haven't the slightest idea where to begin, possibly with the county courthouse where my record was originally expunged or possibly the local state police headquarters? I've already spoken with the independent background check company and emailed them a copy of my expungement but that doesn't stop it from still being on my record. Again any help is greatly appreciated.

 

[Griffzan]

Griffzan, there is no need to start more than one thread. If you have additional questions on correcting information on background check reports, please add them to this thread.

I'm sorry. Did I accidentally start a new thread? If I did I didn't mean to.

 

[quincy]

Thank you for your quick reply. I'm a little confused, not at your reply but after logging onto ichat the only thing i could find on my record was; 2 cnt 3800 felony family offenses and 1 cnt 5800 misdemeanor traffic offense. I think the first one is for non payment of child support (long story) and the second is self explanatory. But nothing with my expunged felony. I assumed my lawyer would file all the necessary paperwork with the courts but could I be mistaken and I should have been the one to do that? If so, how do I go about rectifying the situation a year later? I truly haven't the slightest idea where to begin, possibly with the county courthouse where my record was originally expunged or possibly the local state police headquarters? I've already spoken with the independent background check company and emailed them a copy of my expungement but that doesn't stop it from still being on my record. Again any help is greatly appreciated.

Here is a link to the Michigan Legal Help Organization with directions on how to find and fix errors that appear in your criminal history report and on credit reports and on background check reports: http://michiganlegalhelp.org/self-help-tools/expungement/fixing-mistakes-your-criminal-record

If a private company like a background check company does not correct errors after being notified of the errors, the recourse you have is the same as it is when a debt collector erroneously reports a debt on your credit report and is notified of the error and fails to correct it in a timely fashion. The Fair Debt Collection Practices Act applies to background check companies as it does to creditors and credit reporting agencies. Here is a link: https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text

It is no fun to correct errors that appear on various reports (and errors are not uncommon) but it can be done with some time and effort.

Don't worry about the second thread, by the way. You probably forgot you created this thread an hour earlier. The newer thread has been reported and will be deleted.

 

[justalayman]

Thank you for your quick reply. I'm a little confused, not at your reply but after logging onto ichat the only thing i could find on my record was; 2 cnt 3800 felony family offenses and 1 cnt 5800 misdemeanor traffic offense. I think the first one is for non payment of child support (long story) and the second is self explanatory. But nothing with my expunged felony. I assumed my lawyer would file all the necessary paperwork with the courts but could I be mistaken and I should have been the one to do that? If so, how do I go about rectifying the situation a year later? I truly haven't the slightest idea where to begin, possibly with the county courthouse where my record was originally expunged or possibly the local state police headquarters? I've already spoken with the independent background check company and emailed them a copy of my expungement but that doesn't stop it from still being on my record. Again any help is greatly appreciated.

Are you saying the 3800 charge isn't the felony you had expunged? Given your statement you think
it's for non-support. I presume you know precisely what charge you had expunged.

 

[quincy]

Are you saying the 3800 charge isn't the felony you had expunged? Given your statement you think
it's for non-support. I presume you know precisely what charge you had expunged.

The 3800 would be Family Nonsupport, with 3801 for neglect family/nonsupport felony. But I am a bit puzzled by the "5800 misdemeanor traffic offense." 5800 (5801-5804) is smuggling.

At any rate, I think Griffzan has some reason to worry about his current gun ownership if his felony still shows on a background check. He will want to get this cleared up soon.

 

[Griffzan]

The 3800 would be Family Nonsupport, with 3801 for neglect family/nonsupport felony. But I am a bit puzzled by the "5800 misdemeanor traffic offense." 5800 (5801-5804) is smuggling.

At any rate, I think Griffzan has some reason to worry about his current gun ownership if his felony still shows on a background check. He will want to get this cleared up soon.

The nonsupport charge is a civil charge and Im told not relevant to a job search. I could be wrong. And thank you for shedding some light on the 5800 which I wasn't sure if I was reading right when I saw it was smuggling. That seems to be a whole other matter of dispute because I cannot recall a time ever when I smuggled anything. I know sometimes these charge definitions can be grouped into other things but "smuggling" seems to imply something more than just a simple traffic offense. I appreciate everyone's responses and it seems I need to do a little more digging into my background because evendors when I got my record expunged neither one of these charges were ever brought up. Thank you as always.

 

[quincy]

The nonsupport charge is a civil charge and Im told not relevant to a job search. I could be wrong. And thank you for shedding some light on the 5800 which I wasn't sure if I was reading right when I saw it was smuggling. That seems to be a whole other matter of dispute because I cannot recall a time ever when I smuggled anything. I know sometimes these charge definitions can be grouped into other things but "smuggling" seems to imply something more than just a simple traffic offense. I appreciate everyone's responses and it seems I need to do a little more digging into my background because evendors when I got my record expunged neither one of these charges were ever brought up. Thank you as always.

Charge codes can be entered into databases wrong, which might have resulted in your traffic offense showing as a smuggling offense. I don't know.

I can say that background check companies pull their data from different sources and these companies are not all created equal. Some have more errors appearing in their reports than others, due to the way they gather their information.

I think you need to do a bit more investigating into what is showing up on your report, and why it is showing up. Good luck.

 

[justalayman]

The 3800 would be Family Nonsupport, with 3801 for neglect family/nonsupport felony. But I am a bit puzzled by the "5800 misdemeanor traffic offense." 5800 (5801-5804) is smuggling.

At any rate, I think Griffzan has some reason to worry about his current gun ownership if his felony still shows on a background check. He will want to get this cleared up soon.

Felony non-support is punishable by up to 4 years prison time. How could a person convicted of this be able to possess a gun? The federal law clearly states;

(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;


Griffzan spoke like the expunged felony was a different matter.

 

[Zigner]

I'm curious as to why the OP thinks a non-support felony wouldn't be a problem for a job in retail...

 

[quincy]

Felony non-support is punishable by up to 4 years prison time. How could a person convicted of this be able to possess a gun? The federal law clearly states;

(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;


Griffzan spoke like the expunged felony was a different matter.

I have no clue what is going on with Griffzan.

Griffzan's posting history on this forum shows speeding, driving on a suspended license, attempted home invasion (which he said was a 2nd degree felony and I suppose this could be what was expunged). The Codes that apparently appear on the background check report (3800, 5800) are for different offenses (family nonsupport, smuggling), however.

A few possibilities: My reading of the codes is wrong, the codes were entered wrong, the background check data is right but the posting history is wrong, the posting history is right but the background check data is wrong, some of the above, none of the above. Other possibilities may exist.

 

[justalayman]

I have no clue what is going on with Griffzan.

Griffzan's posting history on this forum shows speeding, driving on a suspended license, attempted home invasion (which he said was a 2nd degree felony and I suppose this could be what was expunged). The Codes that apparently appear on the background check report (3800, 5800) are for different offenses (family nonsupport, smuggling), however.

A few possibilities: My reading of the codes is wrong, the codes were entered wrong, the background check data is right but the posting history is wrong, the posting history is right but the background check data is wrong, some of the above, none of the above. Other possibilities may exist.

Regardless of anything else, your reading of the codes appears to be correct.

Griffzan appears to ackowledge the 3800 charge as he states it is not considered in hiring (not correct but that is his statement)

The other problem is MI expungement allows one felony to be expunged but you cannot have more than one felony to be able to have the one expunged.


There are just a lot of problems with griffzans situation and it doesn't make a lot of sense.

 

[quincy]

... There are just a lot of problems with griffzans situation and it doesn't make a lot of sense.

I agree.