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Old 06-27-2012, 10:03 PM
 
40 posts, read 125,792 times
Reputation: 46

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I'm sure an employer can rescind a job offer based on anything.

But lets say an applicant has a misdemeanor record that happened 8 years ago. They had the record expunged by the court.

On the job application, it asks for convictions, but says to not disclose any expunged records. I check no convictions.

On the background check, it would probably come out and show arrest, then conviction, then expungement.

Would this be grounds for rescinding a job offer?
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Old 06-27-2012, 10:15 PM
 
Location: NJ
17,579 posts, read 38,313,006 times
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Doesn't seem logical. Why would they tell you not to disclose any expunged records and then rescind a job offer from an expunged record?

But as you stated, they don't need a reason.
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Old 06-27-2012, 10:20 PM
 
40 posts, read 125,792 times
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Because they started the check a few days ago and I haven't heard anything and am going crazy in the head.
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Old 06-28-2012, 07:38 AM
 
57 posts, read 220,601 times
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I thought the point of an expunged record was that it didn't show up on your background?
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Old 06-28-2012, 08:02 AM
 
9,347 posts, read 15,792,238 times
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Unless it is a very in-depth background check, an expunged conviction will not show up.
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Old 06-28-2012, 08:28 AM
 
Location: NW San Antonio
2,896 posts, read 8,353,940 times
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yes, expunged means, bout the only people that can get their hands on that is a government agency. unless you are trying for security clearance in a government contract/job, I wouldn't worry. Sometimes background cks take a week, I had one done, started the job, and two weeks later my boss asked me a question about something that was on it, and it was dated that day.
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Old 06-28-2012, 09:32 AM
 
Location: Dallas TX
14,299 posts, read 20,557,796 times
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I agree with the other posters, it wouldn't show on your background check. If you haven't heard back, they may have chosen another candidate.
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Old 06-28-2012, 12:28 PM
 
40 posts, read 125,792 times
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Quote:
Originally Posted by akinva View Post
I thought the point of an expunged record was that it didn't show up on your background?
Quote:
Originally Posted by joe from dayton View Post
Unless it is a very in-depth background check, an expunged conviction will not show up.
Quote:
Originally Posted by sinsativ View Post
yes, expunged means, bout the only people that can get their hands on that is a government agency. unless you are trying for security clearance in a government contract/job, I wouldn't worry. Sometimes background cks take a week, I had one done, started the job, and two weeks later my boss asked me a question about something that was on it, and it was dated that day.
How do you know the expunged record doesn't show up?

Are you all just assuming this or have first hand knowledge?

I've always been under the impression that it does not erase the file. It shows the charge and then it shows "dismissed or not convicted"... per code XXXXX (whatever the expungement code is in that state).
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Old 06-28-2012, 01:25 PM
 
9,347 posts, read 15,792,238 times
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Because the law (in Ohio, and I imagine elsewhere) states that the conviction will not show up. This is for your typical civilian job. If you are trying to get certain jobs with the government or as a police officer, a much more thorough background check is conducted and a list of enumerated positions (such as police officer, prosecutor, investigator for the attorney general's office, etc.) have access to sealed and expunged records. A contract background investigator or an in-house BI for a business does not have access to the same info as the enumerated people have.
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Old 06-28-2012, 01:48 PM
 
Location: Bay Area, CA
28,185 posts, read 43,469,993 times
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Don't stress! I'm in that process myself right now, and they submitted my criminal check last Friday - still haven't gotten the clearance, but they said it's going through as we speak. So I guess it takes a few days, especially if the forms were sent before the weekend.

I have an expunged misdemeanor myself (minor pot possession from 15 years ago, before I got my medical card), which hasn't stopped me from getting multiple jobs since that time. Like the others said, it takes some MAJOR digging to find those... and expunged essentially means "you have no record now."
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