My last post about the problem associated with expunged or sealed criminal records generated quite a few emails from people who have had the unfortunate experience of losing employment or housing opportunities because their expunged or sealed record showed up on a background check. Some of these stories were horrible to read, I cannot imagine the frustration and pain it caused for those who are trying desperately to find employment.
I checked with my friends at Higbee & Associates and they said they will represent people who believe they were subject to discrimination on the basis of an expunged or sealed criminal record that appeared on a background check. They will take the case on contingency, meaning the client only pays a portion of what is won in the law suit. The cases must meet the following criteria:
- The job or the employer must be in California
- The criminal record must have been expunged prior to the background check being conducted
- There must be proof that the expunged record appeared on a background check provided to the employer
Higbee & Associates (HigbeeAssociates.com), which also runs RecordGone.com, can be reached at 714-617-8300.
I also received several emails pointing me to a Florida expungement blog that addressed the issue of sealed and expunged records appearing on background checks. The article provided an excellent summary of the problem. While the blog is Florida specific, the problem that it addresses is definitely national.
This problem is something that the background check industry should work to solve before draconian legislation is introduced.
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