I currently live in the state of Georgia. I was arrested back in 2005 for Theft by Taking, in which I was referred to pre-trial intervention. It was ordered once I completed pre-trial I could take the necessary steps to have my record expunged. However, when I am applying for a job and they process a criminal background check through a third party the conviction shows. I was offered a job depending on my background. I marked no for being convicted of a felony because I was not. What should I do, this was a mistake I made when I was young; but it seem like I will never get it behind me. What Can I do??

Did you take the steps to get the record expunged? I can't tell from what you posted.

Even if it's expunged it may show up on a background check, depending on who is running the check as well as the purpose behind the check.

I'm a little confused - were you or were you not convicted? Is the prospective employer saying that you lied on your application?

If you did not get it expunged, now is the time to do it.

I took the correct step to have it expunged and it was approved.however, when I received a copy of the background from the 3rd party it should the charge and dead docket.I went to GBI and it is not on my criminal background,but they took the job back

Hello n:

If you can PROVE it was the clerk who violated the expungement, then you can sue him... But, you're not going to be able to prove that.

In fact, background check companies have MANY ways they can find out stuff... That's why they're in that business... So, more than likely, they obtained the information from some other source.

excon

First don't use the comment feature to answer.

If I understand this, the court and the clerk is not giving out the background check, this is from a third party company, that gains their info from 1000's of sources. The explungment is only for the government record,

It does not effect or have any legal status on private search firms. They may hold and give out that info anytime they want.

If this is from private search firms there is nothing you can do.

Also if the positions you are applying for are related to national security or law enforcement, the explunged records show up for that also.

Explunged does not mean they are gone, it only means they are not given out for normal searches