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  1. #1
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    Default Is the FBI Allowed to Report Sealed or Expunged State Criminal Records

    My question involves criminal records for the state of: NY

    Can someone explain this to me;
    "The FBI, to the extent authorized by section 552a of title 5, United States Code (commonly known as the ‘‘Privacy Act of 1974’’), and State criminal history record repositories shall provide criminal history records (excluding sealed records) to criminal justice agencies and other governmental or nongovernmental agencies for noncriminal justice purposes allowed by Federal statute, Federal Executive order, or a State statute that has been approved by the Attorney General, that authorizes national indices checks."

    Does this mean that the FBI should not be showing sealed records on background checks done by hospitals and such?

  2. #2
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    Mar 2013
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    Default Re: 42 U.s.c 14616

    The section you refer to calls for the FBI to maintain criminal history records, which are comprised of arrest records of law enforcement agencies and conviction records of the courts. Sealed records pertain to arrest and conviction records that a court has ordered withheld from the public in most cases.

    Backgrounds investigations (presumably for employment?) performed by a hospital are just that, investigations . They are not arrest or conviction records and as such, would not be maintained in the FBI repository, nor would a court normally be in a position to order them sealed.

    Can you please clarify further?

  3. #3
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    Default Re: 42 U.s.c 14616

    This is a statute that mandates the FBI provide certain records when the requirements are met. It is not a statute that prohibits the FBI from providing any records. One would need to look at other laws, like the Privacy Act of 1974, to see what records the agency must keep confidential.

  4. #4
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    Default Re: Is the FBI Allowed to Report Sealed or Expunged State Criminal Records

    I guess my question really is is if I ran an fbi background check on myself and nothing came up(I have a sealed record) does that mean if a hospital or an occupational licensing agency ran a fbi background nothing would come up for them either?

  5. #5
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    Default Re: Is the FBI Allowed to Report Sealed or Expunged State Criminal Records

    Quote Quoting twink92
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    I guess my question really is is if I ran an fbi background check on myself and nothing came up(I have a sealed record) does that mean if a hospital or an occupational licensing agency ran a fbi background nothing would come up for them either?
    You may obtain your FBI Identity History Summary check (which is your criminal record or “rap sheet” with the FBI) by following the procedures the FBI provides in the link I gave you. If the IRS withholds any information, it should describe the information withheld and tell you what exemption it is claiming to deny release of that information. So if the response just comes back with nothing, then there will be nothing for anyone else to get either. Note, though, that you still need to answer honestly about your conviction unless the law on sealed records in your state allows you to exclude that information.

  6. #6

    Default Re: Is the FBI Allowed to Report Sealed or Expunged State Criminal Records

    I am new to the site.
    I am seeking LEO work and I was false arrested, fingered printed, photographed, and booked for 2 simple misdemeanor charges back 8 years ago. The judge dropped the charges under false arrest, which it allows me to sue, but I never did. The crook who arrested me and the lair who signed the charges never showed up to court, even thought a phone call was placed on the day of my trial. I researched this matter and I have yet to request my FBI Identity History Summary. I do not think such summary will shed anything and I do not want to disclosure my arrest on the application. I feel a bit embarrassed. My arrest was out of my state of residency and I feel ashamed, but I want the position. Can anyone tell me if such background check for LEO shows such records. In addition, the arrest, court record, fingerprints and all related to this was expunged.

  7. #7
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    Default Re: Is the FBI Allowed to Report Sealed or Expunged State Criminal Records

    Quote Quoting Taxing Matters
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    You may obtain your FBI Identity History Summary check (which is your criminal record or “rap sheet” with the FBI) by following the procedures the FBI provides in the link I gave you. If the IRS withholds any information, it should describe the information withheld and tell you what exemption it is claiming to deny release of that information. So if the response just comes back with nothing, then there will be nothing for anyone else to get either. Note, though, that you still need to answer honestly about your conviction unless the law on sealed records in your state allows you to exclude that information.
    So hospitals and occupational liscensing boards will not be able to see anything if I can't see anything on an FBI background check? I want to double check on that because I know for example the FDIC would be able to see everything even though I wouldn't.

    Thanks in advance

  8. #8
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    Default Re: Is the FBI Allowed to Report Sealed or Expunged State Criminal Records

    Quote Quoting HonestLawfemale
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    I am new to the site.
    I am seeking LEO work and I was false arrested, fingered printed, photographed, and booked for 2 simple misdemeanor charges back 8 years ago. The judge dropped the charges under false arrest, which it allows me to sue, but I never did. The crook who arrested me and the lair who signed the charges never showed up to court, even thought a phone call was placed on the day of my trial. I researched this matter and I have yet to request my FBI Identity History Summary. I do not think such summary will shed anything and I do not want to disclosure my arrest on the application. I feel a bit embarrassed. My arrest was out of my state of residency and I feel ashamed, but I want the position. Can anyone tell me if such background check for LEO shows such records. In addition, the arrest, court record, fingerprints and all related to this was expunged.

    In the law enforcement field we really prefer to employ people who can spell and can put together a grammatically correct sentence.

  9. #9
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    Default Re: Is the FBI Allowed to Report Sealed or Expunged State Criminal Records

    Quote Quoting twink92
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    So hospitals and occupational liscensing boards will not be able to see anything if I can't see anything on an FBI background check? I want to double check on that because I know for example the FDIC would be able to see everything even though I wouldn't.

    Thanks in advance
    What would be on your record that you wouldn’t be able to see? In any event, if the FBI has information on your history summary that it will not release to you it should still tell you that and give you the reason for the claimed exemption. Then you’d know if there might be something there that might be disclosed.

    Don't rely on the fact that the incident is not on the FBI history summary to cover you for answering no to conviction questions if you are required to disclose convictions. If the law of the state that sealed your conviction allows you to answer no when applying for jobs in that state, you could rely on that law. But apart from that, lying on an application in the hope that it will not be caught is asking for trouble. The FBI history summary is not the only thing employers check.

  10. #10
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    Default Re: Is the FBI Allowed to Report Sealed or Expunged State Criminal Records

    Quote Quoting Taxing Matters
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    What would be on your record that you wouldn’t be able to see? In any event, if the FBI has information on your history summary that it will not release to you it should still tell you that and give you the reason for the claimed exemption. Then you’d know if there might be something there that might be disclosed.

    Don't rely on the fact that the incident is not on the FBI history summary to cover you for answering no to conviction questions if you are required to disclose convictions. If the law of the state that sealed your conviction allows you to answer no when applying for jobs in that state, you could rely on that law. But apart from that, lying on an application in the hope that it will not be caught is asking for trouble. The FBI history summary is not the only thing employers check.
    I am in NY so I am allowed to deny the arrest and conviction because my records are sealed. If I apply to a school in another state would I follow NY law for the sealed records(where the incident occurred and where it's sealed)?

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