In the United States, criminal records may be expunged, though laws vary by state. Many types of offenses may be expunged, ranging from parking fines to felonies. In general, once sealed or expunged, all records of an arrest and/or subsequent court case are removed from the public record, and the individual may legally deny or fail to acknowledge ever having been arrested for or charged with any crime which has been expunged.
If a consumer report is used as a factor in an adverse hiring decision, the applicant must be presented with a "pre-adverse action disclosure," a copy of the FCRA summary of rights, and a "notification of adverse action letter." Individuals are entitled to know the source of any information used against them including a credit reporting company. Individuals must also consent in order for the employer to obtain a credit report. Pre-employment credit reports do not include a credit score. A pre-employment credit report will show up on an individuals credit report as a "soft inquiry" and do not affect the individual's credit score.[citation needed]
In Lithuania, judgments will be removed from the Register immediately after the completion of the sentence, depending on the seriousness of the sentence. For high-risk recidivists (10 years from completion of sentence), very serious offences (8 years), serious offences (5 years), less serious offences (3 years), suspended sentences (immediately on completion of sentence). In cases of minors, convictions incurring custodial sentences remain unspent for half the period of time stated above.[43]
These checks are often used by employers as a means of judging a job candidate's past mistakes, character, and fitness, and to identify potential hiring risks for safety and security reasons. Background checks are also used to thoroughly investigate potential government employees in order to be given a security clearance. However, these checks may sometimes be used for illegal purposes, such as unlawful discrimination (or employment discrimination), identity theft, and violation of privacy.
If you know you have criminal convictions or arrests on your record, you should ask for a report from the court(s) where those charges were filed. Remember to check with county, state, and federal courts if applicable. And if you want files from a county court, plan to visit the courthouse. Most county courts require someone to obtain records in person.
backgroundchecks.com works behind the scenes with hundreds of consumer reporting agencies, transferring our criminal data through a web services gateway. This allows background screeners to clear thousands of people every day without ever touching the report. Our portfolio includes some of the largest background screening companies and we continue to meet the expectations of their growing business.
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