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I was arrested, but not convicted. I got my arrest expunged about a year ago.

Will it still show up in a background check? Is there any way to fix it if it does?

  • Related (and potentially answering the question): Offense that was expunged still showing up. For more specific answers it would help to know which jurisdiction (country and state/province, if applicable) you were arrested in. – Michael Seifert Jul 17 '18 at 16:37
  • Based on your comment to user6726's answer, I'm tagging this with united-states, as that seems to be the jurisdiction you're talking about. – sleske Oct 16 '18 at 7:25
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    And for heaven's sake, always, always add a jurisdiction for specific questions like this (unless you want answers about how expungement works in South Mongolia or Norway). For some reasons, it always seems to be people from the US who forget there are other countries in the world... – sleske Oct 16 '18 at 7:29
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See the answer to this question. It is remotely possible that it will show up, but the new S.C. law also says that an employer cannot use that information. On the other hand, that law is not yet effective (it becomes effective Dec. 27 2018), so for the rest of the year, the information could be used, if an employer obtains is. There is a law-enforcement exception that arrests can always be used against you if you apply for a law-enforcement related job.

Under the current law (has been in effect for a while), the record is "under seal", so revealing the record in the course of a background check would be a violation of the relevant court order. The law specifies a punishment for illegal disclosure:

A person who intentionally violates this subsection is guilty of a misdemeanor, and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days, or both.

however, accidental disclosure is not a crime. You might think that you could at least sue them for accidental disclosure, but the law also says

Unless there is an act of gross negligence or intentional misconduct, nothing in this section gives rise to a claim for damages against the State, a state employee, a political subdivision of the State, an employee of a political subdivision of the State, a public officer, or other persons.

If the government person who releases the information intentionally does so, you can sue. Perhaps an accidental release could be found to be grossly negligent: that would depend on the circumstances.

  • So if I was to apply to a job other than government or law enforcement they can't use my arrest in the hiring process? Is that what you're saying? – Rolloofthenorm Jul 17 '18 at 17:34
  • I put in the effective date of the new law, 5 months in the future. – user6726 Jul 17 '18 at 17:54
  • I looked more into it, but from what it sounds like you already have to be an employee. I'm talking about if I was to apply for a job will it still be used a against me or not during the hiring process. I would add I'm not trying or have intentions working for the government or law enforcement. With that being said will a expunged record still be used against me during hiring. – Rolloofthenorm Jul 17 '18 at 19:06

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