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Fingerprint Based Background Checks and Expunged Records

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  • 07-19-2007, 11:32 AM
    Alex122
    Fingerprint Based Background Checks and Expunged Records
    Will a fingerprint-based background check reveal a misdemeanor conviction (criminal mischief & assault) from 20 years ago that was expunged 15 years ago?

    I have been employed for the past seven years as a dispatcher and just learned that all of us would be required to undergo a fingerprint-based background check for some type of government compliance.

    I am not concerned about losing my job as when I applied, the background portion of the application stated "do not include any convictions which have been expunged". I am concerned about the embarrassment of my supervisors and co-workers finding out. I have lived as a model citizen with not as much as a parking ticket since this stupid mistake as an 18 year old.

    Any information on this matter would be greatly appreciated.

    I live in Florida
  • 07-19-2007, 11:45 AM
    aaron
    Re: Fingerprint Based Background Checks and Expunged Records
    And the conviction and expungement are from Florida?
  • 07-21-2007, 06:51 AM
    Alex122
    Re: Fingerprint Based Background Checks and Expunged Records
    No - both were in Kentucky
  • 07-22-2007, 08:19 PM
    aaron
    Re: Fingerprint Based Background Checks and Expunged Records
    It does not appear so (see this statute), but a different law may have been in effect at the time.
  • 07-23-2007, 12:22 AM
    Alex122
    Re: Fingerprint Based Background Checks and Expunged Records
    My major concern is whether the FBI fingerprint check will return "no record found" (as it should after receiving the court ordered expungement) or whether a copy of the original FBI Rap sheet will be returned with the full arrest/conviction record noting "court ordered expungement".

    After getting the expungement almost 15 years ago, there is no record of my arrest or conviction with the state or local police agency (I checked to make sure). The only record left if any would be with the FBI.

    I have heard both possibilities. Some say with a court ordered expungement, the FBI destroys or returns the original fingerprint card to the agency who originally submitted it. Others say the entire record remains in the FBI file for dissemination with the notation "court ordered expungement". Can you advise which is true?

    If this fingerprint based background check reveals any criminal record (even though the original expunged conviction would not have been disqualifying), the damage will have already been done and my exemplary career will be ruined with my peers and supervisors who have great respect for me.

    Any further information or suggestions would be greatly appreciated.
  • 07-23-2007, 08:56 AM
    aaron
    Re: Fingerprint Based Background Checks and Expunged Records
    Although the feds typically update their records to accord with a state's records, they do not have to do so. As a federal agency, the FBI is not bound by a state's expungement order.
  • 07-23-2007, 11:18 AM
    Alex122
    Re: Fingerprint Based Background Checks and Expunged Records
    Thank you for your information.
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