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Nate
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Experience:  Over 10 years of criminal defense practice.
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I am in the process of getting a background check for employment

Resolved Question:

I am in the process of getting a background check for employment with a state. I have a felony but was removed from my record. Will this show up and can they find out?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Nate replied 1 year ago.
My name isXXXXX have over ten years of experience in criminal law and will be assisting you today.

The answer is "maybe". I say that because at this time you do not know which criminal background search service they use. Some companies are very good at updating records and some are not. The further back this felony conviction was sealed/expunged, the less likely it is going to be that it will be discovered. Unfortunately, there are no laws requiring background check companies to update their records.

I would suggest you go ahead and contact the court clerk where this happened and do a background search on yourself there. They will give you a certified letter that states nothing was found on your record. That way you have it handy to show the potential employer in case they use a background service with out-of-date data.

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.

Thanks!
Nate
Customer: replied 1 year ago.

It happen over 7 years ago. the government job is in the correctional field. Would this matter?

Expert:  Nate replied 1 year ago.
If it's a government job they are going to be able to know about it anyway because they will use the FBI's database - sealed and expunged records never leave the FBI's data. So, yes - they will know about it. But since it has been expunged or sealed it likely will not cause you any problems.

Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10630
Experience: Over 10 years of criminal defense practice.
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