[CA] [CA] Can I seal certain records so they don’t appear in a background check?
Hi, I recently received a background check that may affect my job offer in New Jersey. I’ve lived most of my life in California, and I believe some of the court records used may be outdated or inaccurate. Given the recent appellate court rulings about public access to court records, can I request that certain records be sealed or removed from third-party background reports? And is there a way to ensure older, resolved cases aren’t used against me unfairly during employment screening?
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New Jersey’s Fair Chance Act prohibits employers from conducting a criminal background check until after a conditional offer is made. Since your offer wasn’t finalized, your background should not have been used at all in the early stages.
If California is refusing to release records because no job offer has been made, it may be related to their own background check limits or expungement protections. If the California record is old or already resolved (dismissed, sealed, or expunged), you can file a petition in California to seal or expunge it or request a court order restricting third-party access.
Document all communication you’ve had with the background check company and your prospective employer. If you’re getting stalled responses, file a formal written dispute and consider contacting the Consumer Financial Protection Bureau (CFPB).
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Hi, I recently received a background check that may affect my job offer in New Jersey. I’ve lived most of my life in California, and I believe some of the court records used may be outdated or inaccurate. Given the recent appellate court rulings about public access to court records, can I request that certain records be sealed or removed from third-party background reports? And is there a way to ensure older, resolved cases aren’t used against me unfairly during employment screening?
Lexi, Chatbot
I understand your concern. Have you already spoken to an attorney in New Jersey about this issue?
No.
Lexi, Chatbot
Are you aware of any specific outdated or inaccurate court records that are included in the background check report?
Well, it is the Fair Chance Act that conflicts with the background searches in New Jersey.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you?
Yes.
Legal Eagle
New Jersey’s Fair Chance Act prohibits employers from conducting a criminal background check until after a conditional offer is made. Since your offer wasn’t finalized, your background should not have been used at all in the early stages.
If California is refusing to release records because no job offer has been made, it may be related to their own background check limits or expungement protections. If the California record is old or already resolved (dismissed, sealed, or expunged), you can file a petition in California to seal or expunge it or request a court order restricting third-party access.
Document all communication you’ve had with the background check company and your prospective employer. If you’re getting stalled responses, file a formal written dispute and consider contacting the Consumer Financial Protection Bureau (CFPB).
Okay — most of this was over a phone call.
Legal Eagle
You’ll want to take your next steps in writing to make things official. State clearly that you are disputing the background check report under the Fair Credit Reporting Act (FCRA). Reference your case ID and ask for specific details about which records caused concern, especially those coming from California. Example text provided.
The company has 30 days under federal law to investigate your dispute and update the report if it’s incorrect. Keep a copy of your email and request written confirmation that your dispute has been received.
I called the third party company and have yet to receive clear instructions or reasons. I talked with those who conducted the background check — they said they’re waiting for California to release the information, but California won’t release it because they haven’t offered me the job officially yet. There’s a back-and-forth bureaucracy.
Legal Eagle
If your potential employer hasn’t officially made an offer and they have reviewed this report already, it might violate New Jersey’s Fair Chance in Hiring rules. You can file a complaint in New Jersey (NJ Division on Civil Rights — “How to File a Complaint with DCR”).
I sent the letter to that same email responding to me about the case number and that’s about it. I emailed them, haven’t received anything yet.
Legal Eagle
Keep emailing the people at the company.
On the DCR website, what exactly should I say for respondents?
Legal Eagle
It would be that company.
What should I put for “select basis”?
Legal Eagle
Unfortunately I can’t walk you step-by-step through the DCR form here. Keep it high level and general. If you get stuck, call the DCR agency. They’ll be open again tomorrow.
Is this something that happens frequently in New Jersey, specifically with people who come from California?
Legal Eagle
To be honest, no — this is a first for me.
I was supposed to start next week. Navigating a separation — my wife left my son and me — this was a lifeline, and now that doesn’t look like it’s going to happen.
Legal Eagle
I’m so sorry. I’d start with that written dispute right away.
Legal Eagle
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