Do Sealed Records Show Up on Background Checks?

Nearly 77 million Americans have a criminal record, and many are unsure how sealed or expunged convictions impact background checks. As more states expand record sealing programs, the question “do sealed records show up on background checks” has become increasingly relevant for both job seekers and employers.

In general, sealed records are not supposed to appear on standard background checks, but there are important exceptions. This article breaks down when sealed records might still show up, why it happens, and what you can do about it.

The Truth About Sealed Records and Employment Screenings

In most cases, properly sealed criminal records should not appear on standard employment background checks. When a court orders records to be sealed, the intention is to remove them from public access and prevent them from impacting future opportunities.

However, sealed records can still show up due to:

• Database update delays – Court orders don’t instantly update every system
• Technical errors – Companies may not properly process sealing orders
• Incomplete sealing – State records may be sealed but federal databases aren’t updated
• Third-party data sources – Background check companies use multiple databases that may not sync

The key difference is between what should happen legally and what actually happens in practice

Who Can Still Access Your Sealed Records?

Even when records are sealed, certain agencies and employers maintain access rights:

Law Enforcement Access

• Police departments for investigations
• Courts for sentencing decisions
• FBI for federal background checks
• Corrections departments

Employment Exceptions

• Police officer and peace officer positions
• Jobs requiring firearms licenses
• Federal government employment
• Positions in law enforcement agencies
• Federally regulated industries (banking, transportation)

Licensing Agencies

• State agencies issuing professional licenses
• Firearms licensing authorities
• Some healthcare and education licensing boards

How to Verify Your Records Are Properly Sealed

Don’t assume your sealed records have disappeared from all databases. Here’s how to check:

Contact the Sealing Court

Request confirmation that your record has been officially sealed, obtain copies of all sealing orders, and ask whether all relevant agencies including courts, law enforcement, and background check databases have been properly notified.

Check with State Agencies

Contact your state’s criminal justice services division, submit any available verification forms, and follow up if your sealed records still appear publicly. Staying proactive can help ensure your records are fully removed from all applicable databases.

Monitor Your Own Background

Run background checks on yourself periodically, using the same services employers typically rely on, and document any sealed records that still appear. This allows you to catch issues early and take steps to correct them before they impact job opportunities.

Professional Help

Consider using services that help remove records from private databases, as some companies specialize in record cleanup. Legal aid organizations can also provide guidance on your rights and help you navigate the process effectively.

What Employers Need to Know

Employers face legal obligations when sealed records appear on background checks:

FCRA Compliance Requirements

Employers must provide adverse action notices if they use sealed records, cannot make hiring decisions based on sealed records in most cases, and must give candidates the opportunity to dispute any inaccurate information. These protections are part of federal and state laws designed to ensure fair hiring practices.

State Law Restrictions

Most states prohibit employers from asking about sealed convictions, though exceptions exist for certain industries and sensitive positions. There are also penalties for illegal discrimination based on sealed records, reinforcing the importance of fair hiring practices.

Best Practices

• Train HR staff on sealed record laws: Ensure all hiring personnel are educated on federal and state laws regarding sealed records to avoid unintentional discrimination and maintain compliance.
• Update screening policies to reflect legal requirements: Review and revise your company’s background check procedures to align with current legal standards on how sealed records should be handled.
• Work with compliant background check providers: Partner only with screening companies that follow legal guidelines and respect sealed records, reducing the risk of liability or wrongful hiring decisions.
• Document decision-making processes: Keep thorough records of how hiring decisions are made, especially when background checks are involved, to demonstrate fairness and legal compliance if challenged.

What to Do If Sealed Records Appear on Your Background Check

If your sealed records show up on a background check, take these steps:

Immediate Actions

Don’t panic as this happens more often than you’d think. Gather all documentation proving your records were sealed and contact the background check company to dispute the findings. Be clear and provide supporting documents to speed up the correction process. If necessary, follow up in writing and keep copies of all correspondence for your records.

Legal Protections

In most states, you can legally answer “no” when asked about sealed convictions, and employers generally cannot discriminate based on those records. You’re also protected under state and federal fair credit reporting laws, which ensure your rights during the hiring process.

Getting Help

Contact legal aid organizations for help, especially if your state offers hotlines for background check issues, and be sure to document all communications with employers and screening companies for your records. Keeping a paper trail can protect your rights if disputes arise. These organizations can also guide you through the correction process and help ensure your sealed records are respected.

State-by-State Considerations

Record sealing laws vary significantly across states:

Automatic Sealing States

Some states automatically seal certain records after a waiting period, while others require you to file a formal petition with the court. Eligibility requirements vary widely depending on the offense, location, and individual circumstances.

Common Variations

Crimes eligible for sealing vary by state, and there are often mandatory waiting periods before you can apply. Even after sealing, some government agencies may still retain access to the records. However, most states offer employment protections to prevent discrimination based on sealed records.

Federal vs. State Records

State sealing orders may not automatically update federal databases, and FBI records often require separate procedures to correct. This can make interstate background checks more complex, as different systems may retain outdated or unsealed information.

Industry-Specific Requirements

Certain industries have special rules regarding sealed records:

Healthcare

Professional licensing boards may still access sealed records, especially in cases involving patient safety concerns. State regulations differ by healthcare role, so access and disclosure rules can vary depending on the position you’re applying for. This means that even if your record is sealed, it might still influence licensing decisions in sensitive fields. It’s important to research the specific requirements for your profession before applying.

Financial Services

Federal regulations may require disclosure of sealed records for certain jobs, particularly in banking and investment roles. Agencies like the Federal Deposit Insurance Corporation (FDIC) retain access to these records, making exceptions common in financial industries where trust and transparency are critical.

Education

School districts may access sealed records for certain positions, especially when the role involves working with minors. These exceptions are common due to safety concerns, and state education departments have varying policies that determine what records can be reviewed.

The Future of Sealed Records and Background Checks

The landscape is evolving as more states expand record sealing programs and technology improves how databases are managed. Key trends include the rise of automatic sealing for certain offenses, better synchronization between agency databases, and stronger employment protections for individuals with sealed records. Additionally, dispute resolution processes for background check errors are becoming more efficient and accessible.

Conclusion

While sealed records are intended to be excluded from standard background checks, the reality is often more nuanced. Legal exceptions, outdated databases, and varying state and federal rules can result in sealed records unexpectedly surfacing. Understanding your rights, monitoring your own record, and staying proactive are essential steps to protect your opportunities and ensure fair treatment during the hiring process.

Want to know what shows up on your background check before an employer does? Sapphire Check offers fast, FCRA-compliant background screening services to help you stay one step ahead. Whether you’re applying for a new job or managing hiring for your business, our tools provide clarity and peace of mind. Contact us today to get started.

FAQs

Do I have to disclose a sealed record?

In most cases, no – you can legally answer “no” when asked about criminal convictions if all your records have been sealed, similar to when a record has been expunged. However, exceptions exist for law enforcement positions, firearms licenses, and some federally regulated jobs.

Will a sealed record show up on a FBI background check?

Sealed records may still appear on FBI background checks because state sealing orders don’t automatically update federal databases. The FBI maintains separate criminal history records that often require additional steps to seal or remove.

Who can see sealed records?

Courts, law enforcement agencies, corrections departments, FBI, firearms licensing authorities, and employers hiring for police/peace officer positions can still access sealed records during a criminal background check. Most private employers and the general public cannot see them.

Can a sealed record be used against you?

Generally no for employment purposes, but courts can still consider sealed convictions for sentencing enhancements in future cases. Using sealed records for employment discrimination is illegal in most states unless specific exceptions apply.