The Foundation for Continuing Justice’s Expungement Clearinghouse project helps solve the serious and widely reported problem of judicially cleared records continuing to appear on private sector background checks. Anyone who has had their record expunged, sealed or otherwise cleared can request that the Foundation update the background check companies that participate in the Expungement Clearinghouse project, which will effectively remove the record from more than 500 sources of private sector background checks.
How does it work?
Those who have had their criminal record cleared or modified by the court can send a certified copy of their court order (or similar certified government documentation) along with a completed update request form to the Foundation. Upon receipt of the request and document, the Foundation will have one of its attorneys verify the authenticity. Once authenticated, the information is entered into the Clearinghouse Database and participating criminal background check companies are notified that an update is available. This process dramatically reduces the time it would normally take background check companies to update their records and reduces the chances that a cleared or modified record could be inaccurately reported.
Why do I need to do a criminal database update if I have already had criminal record sealed, expunged, set aside or otherwise cleared by the court?
If you have had your criminal record sealed, expunged, set aside or otherwise cleared by the court, you have won half the battle. While you have done everything possible to clean up your government record, old information is most likely still being held and distributed by private background check providers. Taking proactive measures to notify these companies can reduce the time it would normally take from up to several years to just a couple of months— and even faster for a small fee.
Does this clear it from all private databases?
No. Background check providers are unlicensed and it is impossible to even know how many providers there are. However, we are working to send data to the largest and most trusted companies, and thereby, greatly reducing the chances that a potential employer, landlord or other interested party would see the outdated information. We believe there is no other single step that will clear more sources in less time.
How long does the Foundation’s update process take?
It typically takes between 45 to 120 days for the Foundation to verify the authenticity of the documents and to transmit them to the background check companies.
What if my criminal record is still appearing on a background check after I have concluded this service?
If you have a particular agency in mind, we suggest waiting until after the Criminal Database Update has been performed before contacting them regarding your record. It is likely that the Criminal Database Update service will reach them and if not, you can use the informational guide and sample dispute letter in your final packet to request an update.
How do I start the process?
Download and complete the attached form. Then return it to us with a copy of your court order showing that your record has been cleared or modified.