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    HSL's Avatar
    HSL Posts: 5, Reputation: 1
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    #1

    Nov 20, 2013, 12:48 PM
    Does child care services have the right to access expunged records in CA?
    I need to know if the school system or any sort of child care services in CA, can see expunged records.

    Do I need to know if they are apart of a state licensing? Expunged records were exposed and I need to know why and what I need to know in going after a job.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #2

    Nov 20, 2013, 12:58 PM
    Two things about expunged records:
    One is that they are not really deleted. Law enforcement always has access to them. That means that some jobs do find out about them. You have to find out who has access on an individual basis, depending on the job.

    The other thing is that sometimes expunged records are not updated by the background check companies, who still have an old datebase with your record still showing. That's a matter that has never been resolved in terms of what your rights are vis-à-vis the background check company, who is too cheap to pay for more recent databases.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Nov 20, 2013, 01:08 PM
    It might help to know more about the context here. What makes you think those records were seen and under what circumstances.
    HSL's Avatar
    HSL Posts: 5, Reputation: 1
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    #4

    Nov 20, 2013, 03:42 PM
    I applied for a job working as a teacher's assistant - contracting, working in the private school system. I was told I didn't have to report anything that was expunged, so I didn't. I got a report sent to me of the convictions from Department of Social Services (On the last line was DISPO:CONSVE TA SIDE& DISM PER1 203.4APC). I don't know but I think that is saying it was dismissed, but meanwhile I was told I will not be able to get a job with the company. I received an Exemption Request from Trustline Registry Program.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Nov 20, 2013, 05:51 PM
    Why would you not be employed? Because you did not reveal the expunged item or because the expunged crime would be one that would prevent you from working in teaching?
    HSL's Avatar
    HSL Posts: 5, Reputation: 1
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    #6

    Nov 24, 2013, 10:03 PM
    What type of lawyer...
    Works with expunged records and exemptions in order to get work?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #7

    Nov 25, 2013, 05:23 AM
    Hello H:

    A CRIMINAL lawyer.. But, NOT all of them are familiar with expungement, so ASK when you interview him.

    excon
    HSL's Avatar
    HSL Posts: 5, Reputation: 1
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    #8

    Jan 1, 2014, 11:31 AM
    Expunged Charges (?)
    I have an interview on Jan 3rd. It is with a small Learning Center for children with mild to moderate disabilities. They are not connected with any state licensing. Will this Learning Center have access to my expunged records? The charges are 2 misdemeanors.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #9

    Jan 2, 2014, 12:51 AM
    Not unless the changes had to do with a sex crime or abuse of elderly, those also show up on a different register and are not always expunged.

    But as a general rule, if expunged, they are not visible for normal back ground checks.

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