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Do I have rights??

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  • Do I have rights??

    A few years ago I was involved in an incident that resulted in me getting in trouble with the law. To get things over and done with I pleded nolo, adjudication of guilt was with held (I was never convicted of a felony) and after the fines were paid I had my record sealed. Since my record was sealed I have had no problems getting jobs, loans, or even getting a secret security clearance until now. Four years later I apply for a job and this incident comes up in my background check that was done by a third party company. One individual in HR for the company (that I applied for employment with) does his due diligance and finds out that it is a sealed record and signs off for me to be hired. But the person that does the background check calls the HR manager and ask her if she has seen the report. Now I am in a situation where an offer for employment was made to me but is now being taken back soley because of the information that was in that background check and was supposed to be sealed from the public. The application only asked if I had been convicted of a felony and I marked no because I haven't. I have read a couple of state bills and codes that to me indicate that this information should not have been disclosed and when the found that it was a sealed record it shouldn't have gone any further. I have been searching all day for information on this matter. I understand the company wants to protect themselves from a liability, but don't I have any rights in this situation? My sealed record has been passed on to the executives at this company (and they know it is sealed but are still using it to deny me employment). What is the point of going through all of the trouble of getting your record sealed (and the courts have no record of it) but any third party can get that information and sell it along to any public entity that ask for it?

  • #2
    Re: Do I have rights??

    Call the DA to check the status and see if they can help further --it should not be visible but if got onto the web etc. then it will be there forever. It happens these days unfortunately

    Still employers are supposed to ignore sealed records.


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