Federal Agencies And Expunged Records

[Mrs. TA]

I live in Illinois and I wanted to know if expunged records can be viewed by federal agencies such as the FBI or DEA? I also wanted to know if licensing boards can view them? Assuming that the crime was a state offense.

[aaron]

If a federal employer asks about expunged charges as part of your background check, you should answer honestly. Note that law enforcement agencies are exempted from the Illinois law excluding expungements from consideration by employers:

(a) Except with respect to law enforcement agencies, the Department of Corrections, State's Attorneys, or other prosecutors, and as provided in Section 13 of this Act, an expunged or sealed record may not be considered by any private or public entity in employment matters, certification, licensing, revocation of certification or licensure, or registration. Applications for employment must contain specific language which states that the applicant is not obligated to disclose sealed or expunged records of conviction or arrest. Employers may not ask if an applicant has had records expunged or sealed.

(b) A person whose records have been sealed or expunged is not entitled to remission of any fines, costs, or other money paid as a consequence of the sealing or expungement. This amendatory Act of the 93rd General Assembly does not affect the right of the victim of a crime to prosecute or defend a civil action for damages. Persons engaged in civil litigation involving criminal records that have been sealed may petition the court to open the records for the limited purpose of using them in the course of litigation.

Further, federal employers are not subject to state employment laws.

[Mrs. TA]

The reason I asked this is because I'm not sure whether I should go through with the process of becoming a physician. So are hospitals considered federal or state employers? I know that medical boards run an FBI fingerprint background check on people applying for a license.