Getting a conviction vacated can give you a fresh start, but you may still see that conviction on a background check. Understanding why this happens can help you figure out what needs to be corrected.
The record may not be updated everywhere
A court’s decision to vacate your conviction does not automatically update every record that contains information about your case. Different agencies and databases may keep their own records, and some may still show the conviction after the court has changed its status.
You could end up with conflicting information: the court shows the conviction as vacated, while another database still shows the original outcome.
Background-check companies may use outdated information
Background-check companies may get information from third-party databases or older records instead of checking the most recent court information. If those sources have not been updated, the company may report your original conviction even though it has been vacated.
In that case, the problem may be with the information used to create the report, not the current status of your conviction.
The report may contain incorrect or incomplete information
A background check can also contain an error if it lists the original conviction but leaves out the order that vacated it. Someone reviewing the report may then see an incomplete picture of your criminal history.
If this happens, finding out where the information came from is an important first step. You can then determine whether the information needs to be corrected, especially if the report is affecting an opportunity such as a job or housing.
Make sure a vacated conviction stays off the record
A vacated conviction can still cause problems if outdated information remains on a background check. If you find that your record is still being reported, reviewing the information and where it came from can help you figure out what needs to happen next. If you are unsure how to correct the record, an attorney can help you understand your options. Put that old conviction behind you.