The Expungement Clearinghouse – Legit or Fraud?
A number of people are writing in asking about whether they should send their expungement order in to The Expungement Clearinghouse. It is a terrible idea. Don’t do it!
If you have had a problem with your expunged record appearing on a background check, The Expungement Clearinghouse sounds like a great service. Their mission statement is to “expedite the updating of information provided to many commercial background screening providers by securely sharing data about expunged criminal records with participating member companies.
Here’s the catch:
The Expungement Clearinghouse was created by CRAs (background screeners).
It is stated directly in the 2012 press release announcing their services: Expungement Clearinghouse Announced By Background Screening Industry.
Here is a little exerpt from their website:
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.
Let me pick that apart –
If you have had your criminal record sealed, expunged, set aside or otherwise cleared by the court, you have won half the battle….old information is most likely still being held and distributed by private background check providers
Once your record has been expunged, it no longer exists. It can’t not be found at the original source (the courthouse in which it was originated). This statement is background check companies admitting that they don’t bother to update records once they are loaded into their private database.
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.
Take a moment to digest what this is suggesting…
The previous sentence just stated private background check providers are legally noncompliant when it comes to managing their databases. Now they are asking you to send in your expungement order – to be put in their database. If you were to do this- they would have full documentation that the arrest record 1) existed and 2) you had it expunged….What makes you think they want to be legally compliant now…
The icing on the cake is The Expungement Clearinghouse asks for a fee to expedite your order —-
Not only are CRAs willing to admit they are legally noncompliant and want to have even more of your private data in their databases, they want you to pay them for their illegal behavior.
Here’s the solution:
- Never send your expungement order to The Expungement Clearinghouse. It’s just asking for more mismanagement of your private data.
- If a background check comes back with an expunged arrest, dispute it by writing a letter stating the background check company’s records are inaccurate. They are operating illegally and it is their onus to fix their mistake.
- If you want to take a proactive approach and make certain your expunged record doesn’t appear on a background check, it’s time to send out a full file disclosure to all relevant CRAs. This way, if an expunged record ever appears in the future from one of these CRAs, you have legal evidence that you can use for a nice, lucrative, law-enforcing lawsuit.
The only way we can get CRAs to change their behavior is to proactively enforce our rights.
Have a different opinion? Let’s hear it!
Have a question? Feel free to ask!