Legal Question in Civil Litigation in Georgia
Employer used sealed records to deny a job
In 1997, I was arrested for trying to buy $10 worth of pot from an undercover cop in ATL. This was my 1st and only criminal offense ever; I was assigned to pre-trial diversion and the case was reduced to disorderly conduct, dismissed, and the judge sealed the record. My attorney advised me to never divulge this info.
I recently applied for a job and this incident came up on the background check; I was denied the job for ''lying on my application.'' Are they allowed access to ''sealed'' records, and is this decision the result of ''poison fruit?''
Do I have any expectation of privacy with sealed records? If a record is sealed on a court order, is not someone in contempt for revealing this info?
The damage here is big, if there is a case. I am a nursing student and planned on working at this hospital for the rest of my career.
1 Answer from Attorneys
Re: Employer used sealed records to deny a job
DO you know that the employer used sealed records, as you state in your subject line? That is unlikely. There is a difference between records being sealed in the courthouse, and "sealing" information that is already in the public realm. Certainly, neither the employer nor anyone else can go to the court and review the file. However, a Judge cannot quash information already outside the courthouse walls. If persons or services picked up your arrest or details about the case, from early court records, word of mouth, newspapers, or wherever, then the information is out there. There is little you can do, beyond trying to make sure there is no inaccurate information out there. You may want to ask the company for a copy of any investigative report they obtained, and check it for accuracy. In the future, it likely comes down to a risk between being honest on job apps, or being less than honest, and risking them finding out. As an employer, I'll hire someone who owns up to a mistake much faster than someone who lies from the outset. Good luck. It looks like you have turned things around.