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I know that legally there is nothing wrong with disclosing all details of an expunged criminal record, and that employers are allowed to say anything that is true. However, are there any laws that specifically prevent an employer from disclosing details of an arrest that has been expunged specifically during a reference check.

My employer was able to obtain a copy of my expunged record and is now relaying this information to all my future employers, thus preventing me from getting a raise.

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  • Have you looked at the following page, regarding use of expunged arrest records being a civil rights violation? illinoislegalaid.org/… – Patrick Conheady Jun 27 '16 at 12:53
  • That applies to new employers and is essentially unenforceble. Even if it were enforceble the statement The employer MAY also obtain and use "other information which indicates that a person actually engaged in the conduct for which he or she was arrested." makes it perfectly legal. There seems to be nothing to stop my current employer from giving out copies of original reports and the names and numbers of witnesses, detectives, and officers involved. – user5767 Jul 9 '16 at 18:14

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