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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
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Experience:  I provide employment and discrimination law advice in my own practice.
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I applied to a position, and I have a DUI expunged from my

Resolved Question:

I applied to a position, and I have a DUI expunged from my record. I was denied the job, however I now have people both from within the company and OUTSIDE the company contacting me asking about my DUI. Did my potential employer breach legalities by sharing my private former conviction information to people both within and outside the company?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 11 months ago.
Thank you for your question. Please permit me to assist you with your concerns.

If I may ask, how did the potential employer find out about the DUI if it was expunged? What happened? (Conviction information is not 'private', it is 'public record', just as an aside).
Customer: replied 11 months ago.

My lawyer at the time of getting my DUI expunged advised me to always answer on job applications that I had never been convicted of a crime (except if they specifically asked: whether expunged, deferred, etc... on the applicaiton).


 


This potential employer Googled me and found the former conviction. After finding it on Google they said I misrepresented myself.

Expert:  Dimitry K., Esq. replied 11 months ago.

Thank you for your follow-up, Brenna.

Technically speaking if the conviction was expunged and removed from your record, you were not misrepresenting yourself. An expungement is treated as if the conviction took place, so you did not have to disclose it (that is generally the point of an expungement). However if the information is publicly available there is no duty on the employer to keep it private--the potential employer found it via google, which is a public search engine. Since the information is inherently public, which is what I stated above, there is no duty to keep it private from anyone. The employer can discuss your record because it is public record and openly available. There is a potential cause of action against the employer for 'invasion of privacy', and specifically for placing you in 'false light' (since the conviction was expunged) and that is something you could potentially threaten them with if they continue discussing it with others. It would not be defamation of character since the underlying facts found are still true.

Good luck.

Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 37665
Experience: I provide employment and discrimination law advice in my own practice.
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