Sealed or expunged record is still showing up on the internet.

If I have had my record sealed or expunged but my record is still showing up on the internet, what can I do?

A seal or expungement order cannot eliminate all information about someone’s arrest and criminal history record from the Internet.  For example, “mugshot” photographs and arrest information maintained on privately operated websites are not subject to an expungement order.  Private companies collect information from a variety of online sources, governmental and commercial. FDLE does not have regulatory authority over these companies, so we cannot request or demand any private entity to change or delete the information it provides, whether such information was obtained from the Department, prior to the court-ordered sealing or expungement, or obtained from other sources.  You will need to contact the private entity or entities directly to request any changes or adjustments to their records.  Some entities which collect criminal history information may be considered consumer reporting agencies, subject to restrictions imposed by the federal Fair Credit Reporting Act, 15 U.SC. Section 1681 and following, administered by the Federal Trade Commission (www.ftc.gov).
 
It is advisable to submit a copy (upload it) of your order to seal or expunge to Expungementclearinghouse.org. This organization will distribute your order to over 200 consumer reporting agencies. It will take 60-120 days for these agencies to update their records. Visit ExpungementClearingHouse.Org for more information.
 
If you are denied employment, housing, credit, loans, or other opportunity due to a sealed or expunged record showing up on a background check you may be entitled to money damages against the consumer reporting agency which has reported your sealed or expunged case. Consumer reporting agencies have a legal obligation to use reasonable measures to ensure that what they are reporting is current and accurate. 
 
Please know that you have a legal right to have a copy of the background check done on you if the report was used in an adverse way. Ask for it. The person/company using that report also has to provide to you an "adverse action notice". 
 
Basically, an adverse action notice is a letter sent about 7 to 10 business days after you've had a credit-based application — credit, loan, insurance, employment, etc. — denied. It should contain the name of the consumer reporting agency that did the background check and the reason you were denied.
 
If you have an issue with a background check company reporting your sealed or expunged record call us for  free consultation. 
 
Nicolas Babinsky, Esq. 
SealMyRecord.Com
305-910-4590
 
 

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