Expungement

Expungement is a legal process that removes or seals a criminal record from public a2cess. When a record is expunged, it generally cannot be seen by employers during a background check, though certain government or law enforcement agencies may retain access.

Compliance note

Under the Fair Credit Reporting Act (FCRA), background screening providers must report only accurate, up-to-date information; expunged records should not appear in a compliant report.
Employers must ensure hiring decisions do not consider sealed or expunged criminal records.
EEOC guidance advises employers to evaluate criminal history fairly and to consider only convictions relevant to the job.
State laws vary on eligibility and procedures for record expungement, so local compliance is essential.

Authoritative source

Frequently Asked Questions

Q: What happens when a record is expunged?
A: Once expunged, the record is removed from public databases, and employers typically cannot see it during a standard background check.

Q: Can an employer consider an expunged record in hiring decisions?
A: No. Under FCRA and many state laws, employers must not use expunged or sealed records in hiring decisions.

Q: How can job applicants ensure their expunged records are not reported?
A: Applicants can request a copy of their background check report and dispute any inaccuracies with the consumer reporting agency under the FCRA.

DISCLAIMER: The information provided in this glossary is for general informational purposes only and should not be construed as legal advice. While we strive for accuracy, EDIFY Background Screening does not guarantee that the definitions or explanations are complete, up to date, or error-free. Employers should always consult with competent legal counsel to ensure compliance with applicable laws and regulations.