What is Disclosed on a FBI or DPW Criminal Record Check

[jmrothermel]

My question involves labor and employment law for the state of: Pennsylvania

Hello all, I have a question regarding FBI fingerprinting. I recently graduated from nursing school. In 2008, I was arrested for Bad Checks and Theft By Deception. However, the bank had closed my account due to fraud, and when the prosecution found this information out they immediately withdrew this information out and that is the disposition of the case. My PA State background check shows up clear (hence how I got into nursing school fine and got my license issued).

Fast forward to today. I applied at the hospital for a position. The application asked "Have you ever been convicted of a felony or a misdemeanor?" to which I truthfully answered No. It asked "Have you ever been convicted of a criminal offense related to Healthcare? " to which I also answered no. No where did either question ask about charge, arrested, etc.

I got an offer of employment. It now states that I have to go through Cogent Systems and get fingerprinted as a condition of my employment. Never having done this before I'm now extremely nervous! I don't know what the FBI keeps as records....I didn't lie about anything, but I have no idea what it could say about the incident!

Could anyone help out and let me know what these background checks are about? Thank you!

[Mr. Knowitall]

If you want to know what's in your FBI file, request a copy.

[AZDeputyClerk]

An FBI records check will show any arrest reported by the arresting agency. It will show the charges filed and the disposition of the charges-dismissed or guilty. If your facts are correct, in your case it will most likely show as court dismissed.

[das1000me]

What will it show in the case of an expungement? Nothing, or that the charge was "expunged?"

[Mr. Knowitall]

Again, if you want to know what is in your FBI file, order a copy. Beyond that, you should start your own thread.

[Beth3]

What will it show in the case of an expungement? Nothing, or that the charge was "expunged?" At the relevant courthouse, the record will show nothing. However arrest records still exist with the police department that made the arrest and they may be other records of the arrest and conviction (if any) available through other sources.

[BennyBlanco]

The FBI check has everything you ever did. I've seen those print outs before, and they can do a 'quick screen' that only searches for convictions or a full search that pulls up any and ALL interactions youve had with law enforcement, arrests, court appearance records, etc.

As for the questions you answered 'no' to, reading this leads me to believe you were arrested and never convicted of a crime. So, you dont have to mention them since technically they arent convictions. Being charged with a crime is differnt than being convicted.

[Mr. Knowitall]

The FBI check has everything in it that has been abstracted to the FBI, that the FBI has deemed appropriate to keep in your file. In some cases that may translate into "everything you ever did" but in others there will be holes. It is unwise to gamble on a criminal conviction not appearing in your FBI file, particularly if your prospective employer is doing that intense of a background check.

[AZDeputyClerk]

Even if a conviction was expunged or set aside, the record still exists and certain categories of employers will have access to it. Chances are, if you were charged but not convicted because the charges were withdrawn, the record will show them as dismissed by the court.