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Expunged Records & the Impact on Background Checks
A Criminal record can significantly impact one’s employment prospects. Expungement of eligible criminal history can limit access by others to your criminal history. Expungement is a legal process that leads to the destruction of the criminal record, which means it no longer exists. Although some convictions are not eligible for expungement, expungement of criminal history can significantly improve one’s chances of employment.
Job Applications and Criminal Records
Illinois law prohibits most employers from considering a job applicant’s criminal history before the company has determined that the applicant is qualified for the job and has notified the job-seeker that they were selected for an interview. Employers also cannot ask about criminal history that has been expunged, sealed, or voided by executive clemency or pardon. There are exceptions to this law that require employers to screen out applicants convicted of specific crimes. They cannot discriminate based on race, gender, or other factors.
How Employers Conduct Background Checks
Employers use a variety of methods to check your background, including checking your references. Conducting drug tests, searching your social media accounts, running credit checks, and conducting criminal background checks. Different methods reveal different things about your past. Employers often use professional search firms to unearth vast amounts of information. Most states limit background checks to the last seven years, but employers can uncover significant details about your employment history. Credit history, driving record, education history, identity verification, and criminal background.
The Importance of Properly Expunging Criminal Records
Expungement of criminal records can be vital for job seekers worried about background checks, but it’s essential to follow the proper procedures in applying for expungement and follow up at every point in the process where follow-up is necessary. Expunged records will not show up on a background check. Job seekers can legally answer “No” if asked about their criminal history. Assuming all of their criminal records have been expunged.
Can Employers Ask About Expunged Records?
Illinois and federal law prohibit prospective employers from asking about any criminal history that has been expunged, sealed, or voided by executive clemency or pardon. Even if the employer runs a simple online search and finds something about the applicant’s criminal past, they cannot take that into account until they have determined whether the applicant is otherwise qualified, extended an interview offer, or made a conditional job offer. Employers can ask about criminal history after extending a conditional offer, but they cannot refuse to hire an applicant solely because of a criminal record unless the crime was related to the job applied for.
The Role of a Criminal Attorney in the Expungement Process
Getting the expungement process right can be very important. Particularly if you are seeking a job and worried about background checks. Criminal attorneys, such as Scott Kent, can provide the necessary legal assistance to determine whether your criminal records are eligible to be expunged and to get the process right. With years of experience in the legal system, including as felony prosecutors, they can get you through the process smoothly. Contact us for a consultation with Scott Kent in DuPage, Kane, or Cook County is available 24/7 by calling (630) 430-8622.