Do Sealed or Expunged Records Show up on Background Checks?

While sealed and expunged records won’t appear on most background checks, certain employers can still access them.

At iprospectcheck, we’re experts in compliance and background screening, and we’ve helped thousands of people navigate exactly what employers can and can’t see on a background check.

In this guide, we’ll break down how sealing and expungement work, when your record might still appear, and how to check what’s on your report before applying for jobs.

What are Expunged and Sealed Records?

Expungement and sealing are two different legal processes that prevent certain criminal records from appearing on employment background checks.

Background check companies can’t report expunged or sealed records when they run criminal history checks for most private-sector employers, unless an exception applies.

Not every state offers these options. Some states provide only expungement or only sealing, while others automatically clear records after a set time.

Expunged Records

Expungement (called expunction in Texas) can help clear your criminal record, but it’s not available in all states or for all convictions.

Eligibility depends on where you were convicted and what offense you were charged with.

Most states with expungement laws include waiting periods before a conviction is eligible for expungement, and they also limit the types of eligible offenses.

For example, in states with expungement laws, it is typically not available for:

• Crimes of violence
• Sex crimes
• Domestic violence offenses
• Major traffic crimes (DUI, vehicular manslaughter, vehicular homicide, etc.)
• Drug trafficking
• Human trafficking

Some states also restrict the expungement of felony offenses.

Some common examples of offenses that might be eligible for expungement include:

• Non-domestic violence misdemeanors
• Most misdemeanors and petty offenses (other than DUIs)
• Low-level, non-violent felonies

If expungement is available in your state, you should check to see whether your offense is eligible.

Most states also provide waiting periods before you can seek expungement.

For example, Missouri’s expungement law provides the following waiting periods:

• Eligible felony convictions – 7 years following your completion of all sentence requirements, including the payment of fines and restitution
• Eligible misdemeanors – 3 years following your completion of all sentence requirements, including the payment of fines and restitution

Most states require you to petition the court for expungement, although a few have laws that provide for automatic expungement once a specific period passes.

Sealed Records

Some states allow record sealing – a process that hides your criminal record from public view rather than erasing it completely.

Sealed records remain visible to law enforcement and courts if you’re arrested or charged with a new offense.

However, most private-sector employers will not see sealed records when they conduct pre-employment background checks.

Similar to expungement laws, most state record-sealing laws set waiting periods before your record can be sealed.

For example, Arizona’s record-sealing law establishes the following waiting periods:

• Class 2 or 3 felony – 10 years following the completion of all sentencing requirements
• Class 4, 5, or 6 felony – 5 years following the completion of all sentencing requirements
• Class 1 misdemeanor – 3 years following the completion of all sentencing requirements
• Class 2 or 3 misdemeanor – 2 years following the completion of all sentencing requirements

States with record-sealing laws typically restrict eligibility to certain offenses.

For example, in Arizona, record-sealing is not available if your conviction is for:

• Dangerous crimes
• Dangerous crimes against children
• Violent or aggravated felony offenses
• Any crime involving the use or discharge of a firearm in its commission
• Any crime leading to the infliction of serious bodily injury to someone else
• Sex trafficking
• Other sex offenses requiring registration

Sealing your record allows you to state that you haven’t been convicted of anything when you’re applying for most private-sector jobs, with some exceptions.

Clean Slate Laws

A growing number of states have enacted clean slate laws that provide for the automatic sealing of records once a waiting period has passed.

If you have an eligible conviction in one of these states, you might not have to petition the court to expunge or seal your record under the state’s clean slate law:

• California
• Colorado
• Connecticut
• Delaware
• Michigan
• Minnesota
• New York
• New Jersey
• Oklahoma
• Pennsylvania
• Utah
• Virginia

Offenses eligible for automatic expungement or sealing vary widely in these states.

You’ll need to review your state’s law to determine whether your conviction will be automatically sealed or if you need to petition for expungement or sealing.

Will Expunged or Sealed Records Appear in a Background Check?

When They Won’t Show Up

Expunged or sealed records won’t be reported on your background check when you apply for most private-sector jobs.

The Fair Credit Reporting Act (FCRA), a federal consumer privacy law that applies to all 50 states, doesn’t restrict the reporting of conviction records or include provisions that specifically address sealed or expunged records.

However, courts have found that background check companies should avoid reporting sealed or expunged records under the FCRA.

For example, in McNamara v. HireRight Solutions, Inc., 2014 WL 321790 (N.D. Ill. Jan. 29, 2014), the court held that the background check provider didn’t violate the FCRA when it reported the plaintiff’s conviction when he had pled guilty and entered into a diversionary agreement.

His agreement provided that once he completed diversion, his record would be sealed.

However, at the time the record was reported, he hadn’t completed his diversionary sentence.

In its opinion, the court stated that if it had been sealed or expunged, the background check company shouldn’t have reported it.

By contrast, most state expungement or record-sealing laws specifically prohibit background check companies from reporting sealed or expunged records unless an exception applies.

This means that your sealed or expunged record won’t appear on a background check in most cases.

When They May Still Show Up

Many states limit expungement or record-sealing. For example, in Missouri, successfully expunged records won’t show up in public records.

This means that if your employer performs an employment background check, the expunged record won’t be reported.

However, law enforcement agencies, prosecutors, and the following types of employers will see expunged records in Missouri:

• Licensed professions (attorney, medical doctor, registered nurse, etc.)
• Banks and credit unions
• Gaming establishments
• Insurance companies
• Positions that prevent hiring individuals with convictions under other state or federal laws, such as jobs requiring security clearances or those working with vulnerable adults or children

Most states also require certain records to be reported when you’re applying for jobs working with vulnerable populations, such as children or vulnerable adults.

Finally, if you’re applying for a job requiring a security clearance, your expunged or sealed records will be reported.

Juvenile Records and Expungement/Sealing

Many people mistakenly believe that all juvenile records are automatically sealed or expunged once they turn 18.

However, this is untrue in most states.

Many states require you to petition the court to seal or expunge your juvenile records.

Some states, such as Alabama, have no laws providing for the expungement or sealing of juvenile records.

Others, such as California, do have laws providing for the automatic sealing or expungement of juvenile records once the individual completes all requirements of their case and reaches age 18 or 21, depending on the state.

Other Records and Expungement or Sealing

Other than criminal records, expungement or record-sealing laws don’t apply to a lot of information that employers commonly request on employment background checks.

For example, laws don’t prevent background check companies from reporting information about your employment history, education, professional license, or motor vehicle records from being reported as long as your employer provides disclosures and obtains your written consent.

The FCRA does restrict the reporting of the following information when the job you’re applying for pays under $75,000 and the information is seven years old or older:

• Arrests that didn’t lead to convictions
• Bankruptcy data for Chapter 13 (10 years for Chapter 7)
• Debt collection accounts
• Paid tax liens
• Civil lawsuits/judgments

It’s important to know what might show up on your background check before you apply so that you can adequately prepare.

Do You Have a Clean Slate? Here’s How to Check

Before you apply for a job, it’s a good idea to check whether your criminal record was sealed or expunged.

If you have a sealed or expunged record, you aren’t legally required to disclose it when you apply for most private sector jobs.

Background check companies likewise won’t report sealed or expunged records unless a legal exception applies.

Here are some steps to take to check whether your record was sealed or expunged:

1. Check Your State’s Laws

Review your state’s record-sealing, expungement, and/or clean slate laws.

You’ll want to see whether your conviction is one that’s eligible and if the waiting period has passed.

If you still owe any fines or restitution, pay them.

The waiting periods under most clean slate laws don’t start to run until you’ve satisfied all terms and conditions of your sentence, which may include the payment of all court fees, fines, and restitution.

2. Conduct a Personal Background Check with iprospectcheck

A good way to see if your record has been sealed or expunged is to conduct a personal background check with iprospectcheck.

We provide employer-grade individual background checks that allow you to see what a potential employer will see when they conduct employment background checks.

3. Petition the Court

If your state doesn’t have a clean slate law, you can file a petition with the court in the jurisdiction where your offense occurred to expunge or seal your record (as long as it’s eligible).

This might require you to seek help from an attorney.

If your petition is approved, the expunged or sealed records should be removed or hidden from your record.

4. Run Your Background Check Again

If you get your record sealed or expunged, check your record again before applying for jobs.

It can take a few weeks before your conviction will be hidden or expunged.

It’s smart to run another personal background check to make sure it has been removed.

5. Prepare to Explain

If your offense remains on your record and can’t be sealed or expunged, prepare for how to address it with employers.

Having a conviction isn’t an automatic bar to employment.

Most employers appreciate honesty, so addressing it up front and emphasizing how you’ve rehabilitated since that time can help.

Choose iprospectcheck for a Reliable Self Background Check

When you’re looking for a job and have a criminal record, it’s a good idea to check whether it has been sealed or expunged before you apply.

By conducting a personal background check with iprospectcheck, you can know what employers will see and take appropriate steps to address any convictions.

Order your individual background check today to understand the next steps in your job search.

DISCLAIMER: The resources provided here are for educational purposes only and do not constitute legal advice. Consult your counsel if you have legal questions related to your specific practices and compliance with applicable laws.