Expunging Criminal Records

Jobs are hard to come by for everyone these days.  For those applicants with a criminal record it is especially problematic. The perceived solution for many is to petition the courts to expunge their criminal record(s). There has been a large increase in the number of expunged records attempts throughout the country.  Michigan estimates a 46% increase in 2009 over the previous year.  This number is fairly representative for other states as well.

Each state has its own regulations on what can and cannot be expunged.  In Michigan, for example, a record can be expunged unless it is a felony conviction or an attempted felony punishable by life imprisonment; a violation or attempted violation of criminal sexual conduct; or if a person has multiple convictions.  There is a five year waiting period from the time of the conviction or release from prison before a record is eligible to be expunged.

Some screening companies have problems with expunged records.  It is because they rely primarily on criminal records databases for their criminal search process.  Database records are compiled from the various courts when the cases are filed and a judgment is entered.  If a record eventually ends up being expunged, however, that record is usually not removed from these databases.  

Screening companies that primarily utilize researchers who actually visit the courthouses don't have a problem with expunged records.  They are obtaining up-to-date and accurate information directly from the source.  So any expunged records are noticed and handled properly.  

There have been several lawsuits filed against screening companies (and their clients) that use criminal records databases as their primary source.  The suits were brought by applicants who had expunged records that should not have been reported. 

At Employment Screening Services, Inc. we never rely solely on a proprietary database for investigating criminal records.  So you never have to worry about liability issues with expunged records.