July 22, 2021

Your Rights if a Sealed Record Appears on a Background Check

If you’ve put in the work to get your criminal record sealed, you shouldn’t have to worry about your record haunting you. Record sealing should hide these records except in specific circumstances. 

So why is your sealed record still showing up? 

If you’re concerned about your future because of a criminal record, you may need to speak with a criminal defense lawyer near you about protecting your information. Reach out for help sealing your record and taking steps when record sealing isn’t being respected. 

What Can I Expect if My Record Is Sealed? 

If you have a criminal record, it can have a long-term impact on your life. Even if you were only arrested for, not convicted of, a crime, that incident stays on your record unless it’s sealed or expunged

Sealing your record means that your criminal record shouldn’t show up on a background check. That makes getting a job, a loan, or a lease, among other things, easier. 

But it’s important to remember that while expungement completely deletes any record of a criminal record, sealing your record keeps it away from public records. That means it may still impact your life. 

Exceptions to Record Sealing 

Record sealing does have some exceptions. That’s because your record still exists legally, even if it’s not available to the public. For example, some jobs are required by law to access these records in cases where you have sealed felony charges. Law enforcement agencies will also have full access to your records. 

The problem comes when others can see your record, even after you completed the process to have those records sealed. If your record is visible to employers, landlords, and other parties not involved with law enforcement, reach out to a lawyer. You may need help defending your rights. 

Reporting Mistakes on Your Background Check 

Background checks are run by screening companies and police departments that check for things like a criminal record. These companies should work with law enforcement to ensure their records are up to date to prevent people who took steps to seal or expunge their criminal records from facing further penalties for that record. 

Unfortunately, these processes aren’t always perfect, and you may have encountered an error on your background check. When this happens, you may need to seek out help with your case. Your lawyer can investigate, determining whether the screening company is using outdated records. 

Your lawyer can be a vital part of getting your record sealed, from your first round of forms to gathering evidence of errors for the background-screening company. If you’re seeking to seal your record, getting a lawyer now can help you be thorough in protecting your information. 

Protect Your Rights with a Defense Attorney 

You worked hard to get your record cleared, and you shouldn’t continue to face penalties for sealed records. 

That’s why the lawyers at Chicago Trusted Attorneys™ are here to help. Whether you’re just starting the record-sealing process or if you’ve just found out your record is still appearing in background checks, we’re here to help. You can talk to us when you call 312-519-3171 or when you fill out the following online contact form.