I was convicted under the first offenders act in 1994. From there I went to college and graduated. In 2003, I had my record expunged, in ord...

Question

I was convicted under the first offenders act in 1994. From there I went to college and graduated. In 2003, I had my record expunged, in order to continue on with my career. Since then, I have had numerous background checks with no issues. Last month, I interview for a more lucretive position and was offered the job. I accepted. However, upon completion of a background check, the job was recinded due to the prior conviction showing up. My question is how can I correct this error that should have remained sealed? And do I have a case of Libel/Defamation as I was due to potentially make more money but now cannot due to possible clerical errors made within the county in which I was convicted?

Answer

First, first offender act means you are NOT convicted. Second, unfortunately for you, it also means that it is not expunged. So, the fact that it was missed before, does not give you a cause of action to sue now.