Who Can Access Expunged Records in North Carolina?

You finally received the court order expunging your criminal record in North Carolina. As you take a deep breath of relief, some questions linger:

Who will still have access to view these records? How visible will my past mistakes remain?

Our firm has helped hundreds of clients expunge criminal records in North Carolina. From this experience, we can provide guidance on which entities may still access your records after expungement.

While expungement allows you to truthfully deny the offense in most contexts, full confidentiality is not guaranteed. Let’s explore who can see expunged records and when they may remain visible.

Background Check Companies

Private background screening firms compile criminal records from various sources into reports for employers, landlords, and others. Some companies fail to update their records after expungements. As a result, your expunged case could still show up on some third-party background checks.

The accuracy varies depending on the background firm’s data sources. Some only purchase outdated court record databases. Responsible firms put more effort into removing expunged cases. If an expunged offense appears on a background check, contact the screening company to request record correction.

Law Enforcement Databases – For Their Eyes Only

While public access to your record ceases after expungement, law enforcement agencies still maintain internal databases containing your past charges and convictions. This allows officers to review offense histories for reasonable investigations or risk assessments.

However, North Carolina law prohibits law enforcement from externally disseminating records they know to be expunged. So, while police can access the records internally, they cannot legally share them outside law enforcement purposes after expungement.

Court and Prosecutor Access for Limited Purposes

Courts must seal official case files and databases to restrict public access after receiving expungement orders.

However, judges and prosecutors can access some expunged records for limited reasons, such as:

• Deciding future probation or sentencing if you re-offend
• Evaluating eligibility for future record expungements
• Assessing character if you pursue certain professional licenses

Their access is meant to provide context when legally relevant to proceedings. Otherwise, routine external disclosure of expunged records is prohibited.

Licensing Agencies Will Investigate Further

Occupational licensing bodies like medical boards or state bars often request criminal background checks on applicants. If a past conviction would preclude licensing, expect close scrutiny even if expunged.

Some occupational licensing agencies can access sealed criminal records to determine if applicants meet “good moral character” standards. However, they must still consider the type of offense, time elapsed, and rehabilitation evidence.

Applying for Jobs

When applying for most private sector jobs, you can truthfully say you have no convictions if your records are expunged. Employers usually cannot access sealed records.

Exceptions exist in the financial, security, healthcare, and childcare industries. Employers may require specific background checks or ask about expunged records on applications here.

Government agencies and law enforcement bodies typically conduct more extensive checks uncovering sealed records. Disclose expunged records when the application or agency explicitly requires it.

Rare Exceptions Permitting Access

A few scenarios exist where expunged records could still come to light:

• Court orders – Judges can very rarely order expunged files to be opened.
• Gun background checks – The NICS system may detect previously expunged felonies.
• National security clearances – Full record visibility assists with clearance decisions.

However, absent a subpoena or national security purposes, most entities are restricted from accessing or releasing your sealed records.

Ensuring Accurate Background Checks

If an expunged offense shows up on a background check, take steps to get it corrected:

• Contact the background screening company immediately and explain your record was legally expunged in North Carolina. Provide them with a copy of your expungement order as proof.
• Explicitly request they update their databases to remove the expunged offense and ensure it does not appear on future reports.
• If needed, consult with an attorney to put pressure on the company or even take legal action compelling them to adjust their records. Screening firms can face penalties for reporting sealed records.
• Be proactive in checking your own reports frequently to catch errors quickly before they impact applications. Expungement errors can take time to resolve.
• If an employer or landlord questions the offense, calmly explain it was expunged and provide documentation. Most will understand if properly informed.

Remain vigilant even after expungement to ensure your background check accurately reflects your record clearance.

Consulting an Expungement Attorney is Key

While expungement limits external exposure, your specific situation determines exactly who can still view these records.

As your legal counsel, we’ll clarify how North Carolina expungement laws apply to your unique circumstances. Contact us for guidance on keeping your sealed records confidential.

Our goal is to help you put past mistakes behind you for good. But be aware – fragments of expunged cases can linger in the justice system’s long memory. With an attorney’s assistance, you can follow protocols to keep this exposure to an absolute minimum. Don’t let old records haunt you forever. Let our team fight to help bury your record for good.