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What Are Misconceptions Regarding Having A Record Sealed?
Probably the biggest thing in this day and age is the impact of internet. Once someone’s record is on the internet, it will be available anywhere. A number of third party vendors run their own background checks and keep their own databases independent of the State of Ohio. What are misconceptions regarding having a record sealed?
When we have a record sealed, the court will typically notify all state-run agencies to seal that record. Third party vendors should be keeping their records up to date, but it is possible they either might not maintain their records or just might not have gotten the update. That record would still come up if an employer uses that third party agency to do a background check. However, if that does happen, we can contact that agency and make them remove it.
There are also third party services that keep track of all the independent background check companies. When a record is sealed, the person can use that service to try to catch all of those but again, with the internet there is no guarantee that a new background check company would not have popped up in the meantime.
Are Any Convictions Automatically Sealed Or Dropped Off Of A Record?
No. In juvenile cases, we can apply to seal a juvenile record. If that is successful, the record will automatically be expunged, either five years after it was sealed or when the person turns twenty-three. This is the only automatic expungement, although the person would still have to apply to have that record sealed in the first place. No adult charges are automatically expunged.
Will The Person Be In The Clear If They Researched Themselves And Nothing Came Up?
Not necessarily. Just Googling oneself is not be enough. If someone knows they have a conviction on their record, then chances are it is still out there somewhere. It may be in a state database that Google does not have access to, or if it may be stored somewhere that requires permission from the law enforcement to access. If an employer wants to run a background check, it will do something more thorough than just Googling a prospective employee’s name. The best way to be sure is to actually have the court seal the record.
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