Cleared convictions and other errors may continue to show up on background checks. These mistakes create unreasonable obstacles for anyone who needs to go through the background check process to secure a job, home, or license.

Help families understand how to correct factual errors in their background check records, and provide guidance to keep the process moving in a timely manner.

How to do this

Tell caregivers how they can review results. Caregivers have a right to view the results of their background check and request any corrections. Your agency staff usually can't provide criminal records directly, but you can give prospective caregivers the contact information for the criminal records agency who can.

Share resources for clearing expunged convictions. Most background check companies have a process that allows people to contest a cleared case if it’s still showing up in results (which you should never include in your evaluations).

You can also explain how they can get help clearing their records with public defender and legal aid resources, like California’s Clear My Record.

Help them navigate the FBI correction process. If someone finds factual errors in their background check results, the FBI requires they have the opportunity to correct it.

When the inaccurate information originated with a specific system or agency, the prospective caregiver can ask that agency to send corrected information to the FBI. These written requests should identify what information is inaccurate, along with proof that supports their claim — such as documentation from the court or office that prosecuted the offense.

This strategy in action

In California, people can request clean slate or record expungement in their county using Clear My Record.

Some states, like Michigan, offer resources on expungement through their Attorney General’s office.

Resources