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Expungement flags electronic background check

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MsPakuni

Junior Member
What is the name of your state (only U.S. law)? Ohio

I have an expunged minor misdemeanor. The conviction is 8 years old and the expungement is about 5 years old. When I get a fingerprint background check (FBI and Ohio CBI) for employment purposes, the electronic result for the CBI comes back flagged with a message for the employer/background agency stating that they need to wait for the paper copy for more information. The FBI result does not have this issue. When the mailed in results come in about a week or so later, both the FBI and CBI come back clear (no convictions).

This is frustrating because even though my conviction was expunged, I am faced with uncomfortable phone calls from prospective employers stating that their HR personnel are receiving this message from the electronic background response. This prompts me to explain that I have an expunged conviction, which leads them to ask about it, and there you go. Expunged no more. My question is whether this represents a glitch in the system? Will it always be like that? Is there anything I can do about it?

Many thanks in advance.
 
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quincy

Senior Member
You can add your question and your state name by using the reply to thread feature. Thanks.
 

MsPakuni

Junior Member
You can add your question and your state name by using the reply to thread feature. Thanks.
Thank you, I had not posted it correctly the first time around, but I was able to edit the message and it now appears to be posted correctly.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? Ohio

I have an expunged minor misdemeanor. The conviction is 8 years old and the expungement is about 5 years old. When I get a fingerprint background check (FBI and Ohio CBI) for employment purposes, the electronic result for the CBI comes back flagged with a message for the employer/background agency stating that they need to wait for the paper copy for more information. The FBI result does not have this issue. When the mailed in results come in about a week or so later, both the FBI and CBI come back clear (no convictions).

This is frustrating because even though my conviction was expunged, I am faced with uncomfortable phone calls from prospective employers stating that their HR personnel are receiving this message from the electronic background response. This prompts me to explain that I have an expunged conviction, which leads them to ask about it, and there you go. Expunged no more. My question is whether this represents a glitch in the system? Will it always be like that? Is there anything I can do about it?

Many thanks in advance.
First, Ohio really doesn't "expunge" records. Ohio "seals" them. The records still exist but they are no longer accessible to the public. Sealed criminal records can be unsealed and disclosed under certain circumstances and to some people, however. The records, in other words, do not disappear.

Arrests, charges and convictions - even those that have been sealed - may also still appear in some databases used by background check companies and can, therefore, appear on some background check reports. You can have corrections made to these databases so the arrests, charges and convictions are deleted, but it can be time-consuming. Other background check reports may not show the arrest, charge, conviction but will show that criminal records have been sealed.

Here is a link to the Ohio Justice & Policy Center with some more information, including who can access the sealed records and for what purposes: http://www.ohiojpc.org/criminal-record-sealing-in-ohio/

Good luck.
 
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