When conducting criminal background checks for employment, employers may encounter questions about sealed and expunged criminal records. These legal processes affect how employers maintain, access, and report criminal history information during pre-employment background screening. Understanding the difference between sealed and expunged records can help employers interpret criminal background check results, recognize why certain records may not appear, and make informed hiring decisions in accordance with applicable laws. Explore how sealed and expunged records may impact employment background checks and what employers should consider when reviewing criminal history reports.
What Is a Sealed Criminal Record?
A sealed criminal record is generally not publicly accessible. The record usually still exists in law enforcement systems and court records, but access is limited to authorized parties or available only under certain circumstances. Depending on the jurisdiction and the type of record, a sealed record might not appear in a standard search at all.
Sealing laws vary significantly by state and may apply to arrests, charges, convictions, or other court records. For employers, this means a criminal background check may show a sealed record, or it may not show the record at all.
What Is an Expunged Criminal Record?
Expungement generally eliminates a criminal record from public or official records, depending on the jurisdiction’s laws. Often, expunged records are physically destroyed and removed from databases. This means that a background check is unlikely to show you any records related to an expunged case.
How Sealed and Expunged Records Impact Background Checks
Simply put, a sealed or expunged record most likely won’t appear on any background check you run. Exactly what you can see will vary depending on the jurisdiction, the type of record, the depth of your search, and the databases you have access to.
If you see notes of a sealed record in your searches, be aware that these records are typically sealed for a good reason. Often, this option is used for non-convictions or when someone has completed their sentence and the law believes they’ve been rehabilitated. Sealing and expungement give people with criminal records a better chance to fully reintegrate into society without fear of discrimination in hiring or housing.
Generally, a sealed or expunged record on an employee criminal background check should be treated as if it isn't there at all. Employers who reject an applicant based solely on a sealed criminal record may face a discrimination lawsuit. Working with a knowledgeable, experienced third-party background check company can help you stay in compliance with the law when handling these records.
