Sealing Records: Easier Said than Done

You can be a millionaire and never pay taxes. Here’s how.
First, you get a million dollars in cash. Okay, now…
--Steve Martin

It is becoming much harder to effectively seal or expunge driving and criminal record information.
You can get a better job if you have a clear background. Here’s how. First, you make sure that only the information that should be disclosed is disclosed. Okay, now...

It is becoming much harder to effectively seal or expunge driving and criminal record information from MVRs and criminal records. Recently, I have had two drivers with similar problems.

The first driver had a juvenile record from another state that occurred some 15 years ago. In this instance, the record was sealed by the official state department of criminal records agency. Further, this particular state’s official criminal records are restricted from public access, the records only being available to law enforcement and approved parties. Unfortunately, this particular state has a Department of Corrections, who has no such policies—and they make their database of offender records public. So, this driver’s record was in a state database and this database was provided to 10 to 20 companies that made it available to employers for use during the pre-employment screening process.

The other case involved a driving rather than criminal record. The driver was arrested for a DUI, but never convicted—the case was thrown out. The Department of Motor Vehicles was ordered to take the information off the MVR. Unfortunately, the county in which the arrest was made provides their database to the same 10 to 20 database companies. So motor carriers who obtain information on this person will see a clear MVR—but if they order a data-based “criminal record,” (these “criminal” databases contain felonies and misdemeanors, but also infractions such as overweight on one axle) they will most likely see an arrest for a DUI without a resulting disposition. Hardly the thing a motor carrier wants to put in their driver qualification file even though the applicant is otherwise spotless. In addition, the driver paid a pretty penny in attorney fees to insure his record wasn’t tarnished and wasn’t real pleased with the whole state of affairs.

Keep in mind, the question of whether any records should be sealed or expunged is another discussion. If a judge has commanded that the record be sealed or expunged, I’ve found four words extremely helpful over the years. “Yes Sir, your Honor.” (My father “learned” me the benefits of the first two words fairly early in life too, come to think of it.) If a judge orders information sealed or expunged, it should be sealed or expunged.

The problem is trying to figure out if any other state agencies or counties have stored the unofficial record in their database and then made it available to a private company that in turn makes the information available to companies who make it available to employers for pre-employment screening. As a professional driver, if you have had information that was ordered sealed or expunged, you should:

A.Take steps to know what will show on your record, and
B.If something shows up that shouldn’t, go to the state or county agency and make sure it gets fixed.

When you find something on your record that shouldn’t be there it’s maddening, but if you know about it, you can correct it.

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