When filling a position, your goal is to make a confident hiring decision based on accurate, lawful information. But what happens when a candidate’s criminal history has been expunged? Understanding how expungement works, and how it impacts a background check, is essential for staying compliant and avoiding costly hiring mistakes.

What Is Criminal Record Expungement?

Expungement is a legal process that removes or seals a criminal record from public access. In many states, once a record is expunged, it’s as if the offense never occurred for most purposes. This gives individuals a fresh start, while also protecting them from certain employment barriers.

However, expungement rules vary widely by state. In some places, the record is destroyed entirely. In others, it’s sealed from public view but may still be accessible to law enforcement or specific government agencies.

How Expungement Affects Background Checks

For employers, the main takeaway is simple:
If a record has been properly expunged, it should not appear in an employment background check.

Reputable background screening companies follow strict compliance procedures to ensure expunged records are not reported. This is not just best practice, it’s required under the Fair Credit Reporting Act (FCRA).

However, certain situations can create confusion:

Outdated or incomplete databases: Some online record sources may still show an expunged record if they have not been updated.
State law differences: What counts as expungement in one state may be classified differently in another.
Pending court orders: A record may be in the process of being expunged but still visible until the court finalizes the order.

Employer Responsibilities

Even if a record surfaces from an unreliable source, you cannot use an expunged record when making hiring decisions. Doing so could result in legal action, fines, or damage to your company’s reputation.

Employers should:

Partner with a FCRA-compliant background screening provider that uses verified court records.
Follow the adverse action process if any record could impact hiring.
Train hiring managers on what expungement means and why it matters.

Why This Matters for Your Business

An expungement does not mean you have to ignore all background information, it means you have to work with accurate, legally reportable data. The goal is to protect your business while respecting an applicant’s legal rights.

By understanding expungement laws and partnering with a trusted screening provider, you reduce your legal risk, protect your company’s reputation, and maintain a fair hiring process.

Need Help with Background Checks or Compliance?

Whether you’re hiring new talent or updating your screening processes, the Swailes Background Check team is here to help. From criminal background checks and FCRA compliance to drug testing, employment and education verifications, MVR reports, credit history reviews, and Social Security number validation, we provide fast enrollment and expert support every step of the way.