The Truth About Online “Expedited Criminal Database Updating/Removal” Services
Companies exist that sell a service promising to expedite the updating of your criminal records after successful criminal expungement in the databases employers use for background checks. These companies also claim to have “exclusive” relationships with particular background check companies. You should not spend your hard-earned money on these updating services because:
1. Private criminal databases will not report an expunged record to an employer.
Private criminal databases are for-profit databases that (a) gather your criminal and other information (e.g., phone number, address, etcetera), (b) package this information into segments, and (c) then sell it to interested parties (e.g., an employer running a criminal background report on you). 99% of criminal background checks done for employment are run through a private criminal database. Fortunately, federal and state laws protect you from these private databases showing inaccurate information about you. Under California law an expunged criminal case is not allowed to be shown on a criminal background check run for employment purposes. Further, California law mandates that these private database companies must first verify with the court from which the criminal record originates any negative information about you before delivering your criminal report to a potential employer. Therefore, under California law your expunged criminal case will not be shown on your criminal background report. Any company or law firm selling a service to “expedite the updating of criminal databases” after the expungement process is either not aware of California law or might simply not have your best interest at heart.
2. State Agency Databases update within 30 days automatically for free. This cannot be expedited. State agency databases are criminal databases controlled and run by the state. There are two levels of databases (a) the city/county level comprised of the county superior court systems, and (b) the state level comprised of the Department of Justice’s (“DOJ”) master criminal database. The DOJ collects its information from all of the California county superior court systems. The DOJ database, which is where your official rap sheet comes from, will be automatically updated by the court following your expungement and must be done within 30 days. At the county superior court system level the court’s website and internal records are often updated the same day the expungement is granted by the judge. No company or law firm can update the records in these state agency databases no matter how much money you pay them.
The state databases are automatically and quickly updated by law. The private databases used for 99% of employer-run criminal background checks cannot report an expunged case to an employer and they must first verify any negative information on your background check with the state databases before providing your background check to an employer. You are protected and covered and need not worry about criminal background checks after expungement. Any company selling a service to update your record after expungement is not being honest with you.