If Your NCIC Record is Clear Can a Past Arrest be Detected

[gbaldwin]

My question involves criminal records for the state of: Texas

Suppose that an individual completes a personal request via Livescan for an NCIC FBI Background Check and it is returned without any "hits." Does that mean that an FBI Background Check performed by a potential employer (e.g., government agency) will also be clear?

Thanks

[cdwjava]

First question: HAVE you been arrested? If so, did you go to trial? Were you convicted? Were you an adult or a juvenile? Was this arrest IN Texas?

Understand, also, that a government employer may be able to seek more information than a private employer, but this depends on the nature of the employment (law enforcement vs. groundskeeper, for instance).

If an employer requires a livescan clearance, they will typically submit to both state AND FBI. And if it is a sufficiently thorough background, they will also check law enforcement and court contacts and these may reveal information that you failed to disclose. Dishonesty and deception will lose you a job opportunity every time.

[gbaldwin]

Arrested yes. Adult. No trial, no pretrial diversion, no conviction, no plea entered, no fine payed. Citation dismissed outright.

[indybail]

NCIC is not necessarily a complete check. Even statewide checks can be incomplete. Local checks can often turn up criminal history not found on NCIC or state checks.. Do not assume that just because something is not found on NCIC it cannot be found by other search means.

[cdwjava]

Arrested yes. Adult. No trial, no pretrial diversion, no conviction, no plea entered, no fine payed. Citation dismissed outright.

Then, your state history - and possibly your FBI record - should reflect the arrest only. As mentioned, a search of local agency and court records could very well find a record of the arrest.

[Conrad Hunter]

Only certain types of employers can get limited searches of NCIC for employment purposes. No employer has access to the NCIC criminal history database. An NCIC criminal history background check can only be used for legitimate law enforcement purposes. What employers actually use are commercial databases from companies that have collected court records and other public information. NCIC is not public. There is a Supreme Court Decision that NCIC criminal history records are not public record and there is a privacy interest in them.

Just about everything is reported to the FBI. It is the rare police agency that does not enter into NCIC everything they can. This is especially true if they take and run fingerprints.

You can write the FBI and get the forms that will enable you to get a copy of your NCIC criminal history report. It requires that you have the local sheriff take your fingerprints and you submit them to the FBI.