Results 1 to 2 of 2
  1. #1
    Join Date
    Jan 2012

    Default Will an Expunged Felony Show Up in a Federal Background Check

    My question involves criminal records for the state of: Florida

    My non violent felony occurred and was later expunged in North Carolina.

    I live in Florida now and will soon have to fill out a form that will result in a background check with the feds, as part of my job. I answered no to the felony question when I was hired in 2017. I am fearful the feds did not expunge my record a few years ago, I recall reading articles online stating they do not have to follow state court orders to do this.

    Can I be fired, and is there recourse for me if the results from the feds came up positive? I do not work in government and I my job does not require a security clearance but I do have access to medical records.

  2. #2
    Join Date
    Jul 2018

    Default Re: Fear of a Federal Background Check

    Are you working for a federal agency or is your employer contracting with a federal agency that requires employee background checks?

    I'm not sure what your statement that "the feds did not expunge my record" means. I read your post to mean that you were convicted in state court of a state-law felony and that your conviction was subsequently expunged in accordance with North Carolina law. The "feds" had nothing to do with that. In any event, a conviction being "expunged" does not mean there's no record of it happening. It just means that it's not as easily discovered as a non-expunged conviction. It also means that the conviction can't be held against you in accordance with the applicable state law.

    Regardless of whether this conviction comes up in connection with your upcoming background check, you can be fired by a private employer for virtually any reason, unless you have an employment contract with your employer that limits the reasons why you can be fired or are a member of a labor union that has a collective bargaining agreement with your employer.

    1. Sponsored Links

Similar Threads

  1. Expungement and Sealing: Will an Expunged or Sealed Record Show Up on a FBI Background Check
    By huntspointguy12 in forum Criminal Records
    Replies: 1
    Last Post: 01-04-2015, 12:48 PM
  2. Background Checks: Will an Expunged Misdemeanor Show Up on my Background Check
    By hanava2000 in forum Employment and Labor
    Replies: 3
    Last Post: 01-10-2014, 09:14 AM
  3. Background Checks: When Do Expunged Offenses Show Up on a Background Check
    By clrk131313 in forum Employment and Labor
    Replies: 2
    Last Post: 06-05-2012, 10:00 AM
  4. Expungement and Sealing: Will an Expunged Arrest Show Up on an Airline Background Check
    By freeman21 in forum Criminal Records
    Replies: 2
    Last Post: 02-22-2012, 02:30 PM
  5. Background Checks: Will My Expunged Charges Show Up in a Background Check
    By electric_ in forum Employment and Labor
    Replies: 2
    Last Post: 02-05-2011, 07:50 PM
Sponsored Links

Legal Help, Information and Resources