Continuing Effects of Criminal Records

Even when a criminal record is sealed or expunged, it can still have an effect on the individual. How? The court could have sold records to database providers who never updated them to reflect the sealing or expungement. A recent article in the New York Times (Criminal Records Erased by Courts Live to Tell Tales, Oct. 17, 2006, at A1) explains how people's lives can be dramatically affected for decades, making it difficult or impossible for them to get jobs, housing, or credit.

We're not talking about the proverbial ax-murderer you don't want next door. An example in the article is a man, now in his 30s, who was convicted of disorderly conduct more than a decade ago. In New York, that offense is treated like a traffic infraction, so he didn't report it on a job application. A database provider told the employer he'd been convicted of a misdemeanor and he was denied the job. He is now suing.

The issue is discussed in a couple of interesting blog posts:

• Thought That Record Was Sealed? Not Quite, PrawfsBlawg, Oct. 17, 2006.
• Michael Pinard, The Expungement Mess, Oct. 25, 2006. Also recommended: Pinard's other posts about the collateral consequences of convictions.

Filed in: criminal-law, expungement, sealed-records, Pinard, PrawfsBlawg, Blackprof.com