Debate still rages on over which information pertaining to an individual should remain private and which information can/should be publicized. One particular instance of this which remains highly contested is a person's criminal record. For example, if a person has a criminal record, he or she may find it difficult, if not impossible, to find employment if his or her criminal record is known and accessible by potential employers.

One of the questions that remains is the type of information that is available to an employer or other entity when conducting a criminal record search. What will they find when they search for your name? A criminal background check may give the employer access to any and all criminal offenses for which someone may have been convicted, not including records which have been expunged (or removed). This could include convictions for larceny, shoplifting, DUI, drug-related crimes and more.

The type of information accessible can also vary from state to state. For example, one state may only show potential employers the crimes for which a person has pled guilty or has been found guilty. In other states, the background check might show arrests and situations in which the charges have been dropped. It is easy to see how conflict has arisen regarding criminal records and what type of information should be available.

Debating whether an employer should be able to access your criminal record is not so much the argument; it is more the type of information they should be able to access. There is also always a risk that if an employer refuses to hire and individual based off of his or her criminal record, that they could be facing legal action for a certain type of discrimination.

It is a delicate area and it must be trod carefully. It has historically been an employer's right to know whether his or her employees have been convicted of a crime prior to their employment and it is in the employer's best interest to be aware of such convictions. Where do you draw the line? As previously mentioned, some states will give out information to employers that they, arguably, should not have and should not be using. In the example of a "case dismissed" type of situation, should the individual whose case was dismissed not be granted the right to act as though the action had not been taken against him or her? It is an argument that will likely continue regardless of legislative changes.

If you have questions about what is on your criminal record and how you can fight it, it is best if you speak with an attorney who has experience in expungement. Attorneys who have handled those types of cases successfully will be able to advise you whether the information available on your record is able to be changed for the better. Your attorney's ability to expunge, or remove, items from your criminal record will vary from state to state and there may be some offenses that are not able to be removed.