I had a misdemeanor expundged from my record through the court system, but it came up in a state records check
b0620 asked:
Are there any court cases that have rewarded damages because of incorrect disclosing of a sealed record?
Are there any court cases that have rewarded damages because of incorrect disclosing of a sealed record?
From what I understand, expunged means removed, but it’s never entirely gone.
For instance, it might not show up in some records checks, but record checks for gaming licenses or adoption, that are necessary to be more thorough, WILL show up.
expunged doens’t always work…you need to ask the prosecutor or the court clerk to see what steps you have to say to get it sealed. Even though it comes up in a background, employers or whoever aren’t supposed to use it or look at it if it’s a juvenile offense. That’s like trying to unring a bell, but that’s what’s SUPPOSED to happen.
If it shows up, then it could be that it was expunged on the lower court, but it was picked up by the State records and the expungement wasn’t advised to them. Could be on multiple records before you had it expunged and only the original location was taken care of.
Forget about suing. The expungement obviously worked for the lower courts and they have no obligation to notify anyone else.