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  1. #1
    Join Date
    Jan 2012
    Posts
    24

    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
    Posts
    1,222

    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.

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