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Does the FBI Disseminate Expunged Records to Federal Agencies and Other Organizations

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  • 01-28-2010, 09:49 PM
    hippo3
    Does the FBI Disseminate Expunged Records to Federal Agencies and Other Organizations
    on the FBI's website, some examples of agencies that are non-criminal justice but nevertheless granted access to the FBI records are:

    Department of Defense
    Department of Homeland Security
    The SEC
    Federally Chartered financial institutions
    registered SROs such as New York Stock Exchange

    My question is, after a successful state sealing and a confirmation by a NYS Department of Criminal Justice representative that the DCJS automatically forwards sealing orders to the FBI, would the FBI

    1. comply with the state sealing order( as a federal agency, I cannot imagine states having legislative or jurisdictional power over the FBI


    2. If it does comply by expungement, I know that expunged records are never truly gone; would the aforementioned entities be entitled to expunged records?

    if i ordered a personal record review from the FBI (which I have done)

    and it returns as an impeccable record(which I'm fairly confident it should)

    would government agencies be somehow be more privileged to expunged records than I, the subject of said records?

    in related concerns, would FBI records have a visible notation that signifies that a record was previously present but has since been expunged; or are they more similar to NYS records are would simply display no record found, provided that the one and only incident that ever occured has been expunged?
  • 01-29-2010, 09:00 PM
    Mr. Knowitall
    Re: Does the FBI Disseminate Expunged Records to Federal Agencies and Other Organizat
    1. The FBI may comply with the expungement order, but they don't have to comply.

    2. If your FBI record reflects the conviction, any agency that gets your record from the FBI will learn of your conviction.

    I have no way of knowing what may end up in your FBI file in the future.
  • 01-30-2010, 09:27 PM
    hippo3
    Re: Does the FBI Disseminate Expunged Records to Federal Agencies and Other Organizat
    Quote:

    Quoting Mr. Knowitall
    View Post
    1. The FBI may comply with the expungement order, but they don't have to comply.

    2. If your FBI record reflects the conviction, any agency that gets your record from the FBI will learn of your conviction.

    I have no way of knowing what may end up in your FBI file in the future.

    right but the question was that assuming that they do comply
    (and considering it is not a conviction)

    if it is purged off of my record, the FBI would not completely destroy the record; the more likely outcome would be that it would simply move it into a record with more access limitations

    so even if my FBI record shows up as an immaculate one, assuming it remains as one (as in, I will not have any more run-ins) would the FBI disseminate expunged records?
  • 01-30-2010, 09:35 PM
    Mr. Knowitall
    Re: Does the FBI Disseminate Expunged Records to Federal Agencies and Other Organizat
    If we assume the FBI complies with a state expungement order by removing conviction information from its records, then the information won't be in the FBI's records. If we assume the FBI disregards the order and they have the conviction information in their records, then the information will remain in the FBI's records.
  • 01-30-2010, 10:36 PM
    KeyWestDan
    Re: Does the FBI Disseminate Expunged Records to Federal Agencies and Other Organizat
    Generally speaking, hate to tell you, the FBI does NOT expunge information from NCIC, the National Crime Information Center database. They will make a note that the conviction has been expunged. The fact is, the state court has no jurisdiction in DC. If a federal court ordered the FBI to actually expunge it from NCIC, then they would.

    The NCIC database is for legitimate law enforcement purposes only. Employers do not have access to it, unless they are law enforcement employers.

    If you were subsequently to be arrested, it can't be counted to discredit you as a witness. If you are convicted, it can't be counted for sentencing or any sentence enhancement.

    I have personally seen orders about NCIC from the 7th Circuit US Court of Appeals totally ignored by the FBI, so you can just imagine how they feel about any state court.
  • 01-31-2010, 08:14 AM
    Papi Yanqui
    Re: Does the FBI Disseminate Expunged Records to Federal Agencies and Other Organizat
    I am not sure the FBI does anything more than document whatever the outcome of a case was. The fingerprinting itself probably never goes away from their records. It is usually the Probation Deartment that submits the final disposition.

    Remember, if you are applying for a job that requires a security clearance the info they are interested in is not whether you were ever convicted, but whether you were ever arrested.

    See section 22:

    http://www.opm.gov/Forms/pdf_fill/sf86.pdf
  • 01-31-2010, 03:44 PM
    hippo3
    Re: Does the FBI Disseminate Expunged Records to Federal Agencies and Other Organizat
    @ MrKnowitall: Splendid
    @papi: why would it be the probation department? the case got dismissed and was supposedly sealed by the criminal court
  • 01-31-2010, 04:48 PM
    Papi Yanqui
    Re: Does the FBI Disseminate Expunged Records to Federal Agencies and Other Organizat
    Quote:

    Quoting hippo3
    View Post
    @ MrKnowitall: Splendid
    @papi: why would it be the probation department? the case got dismissed and was supposedly sealed by the criminal court

    The system is too complicated to try and explain in one broad brush stroke, as I unfortunately attempted to do.

    Here is the bottom line:

    Quote:

    How to Challenge Your Record
    Since the FBI's CJIS Division is not the source of the data appearing on Identification Records, and obtains all data thereon from fingerprint submissions or related identification forms submitted to the FBI by local, state and federal agencies, the responsibility for authentication
    and correction of such data rests upon the contributing agencies. Therefore, the rules set forth for changing, correcting or updating such
    data requires that the subject of an Identification Record make application to the original contributing agency (e.g., police
    department, county court, etc.).

    An individual may challenge the information contained in the FBI Identification Record by contacting the original agency that submitted
    the information to the FBI or the state central repository in the state in which the arrest occurred. These agencies will be able to furnish the
    guidelines for correction of the Record. The FBI is not authorized to modify the Record without written notification from the appropriate
    criminal justice agency.
    http://www.fbi.gov/hq/cjisd/fprequest.htm
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