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  1. #1
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    Sep 2008
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    Default Will Sealing a Criminal Record Remove It from an FBI Background Check

    My question involves criminal records for the state of: California

    Will a successfully granted PC 851.91 order to "Seal" a record remove it from the FBI background check? Or would it need to be granted via PC 851.8 "Seal and Destroy"?

    Thank you in advance for your time and advice.

  2. #2
    Join Date
    Jun 2017
    Location
    California
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    412

    Default Re: 851.91 Will Sealing a Record Remove It from the Fbi Background Check

    851.91 does not result in the record being destroyed. 851.8 is a determination of innocence that destroys the record. By the terms of the statute, 851.8 directs the DOJ to notify federal authorities that the record has been ordered sealed and destroyed. 851.91 does not. The record is still accessible under certain circumstances.

  3. #3
    Join Date
    Sep 2008
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    Default Re: 851.91 Will Sealing a Record Remove It from the Fbi Background Check

    In other words 851.91 would still appear on the federal background check with some verbage to the effect of being sealed rather than not appearing at all?

  4. #4
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    Jun 2017
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    California
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    412

    Default Re: 851.91 Will Sealing a Record Remove It from the Fbi Background Check

    Under 851.91, CA DOJ is notified of the petition being granted. There is nothing in the statute requiring that any federal agency be notified. In 851.8, there is specific language to that effect. If the FBI is told, I have no idea what they would do since nobody is obligated to tell them.

  5. #5
    Join Date
    Sep 2008
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    23

    Default Re: 851.91 Will Sealing a Record Remove It from the Fbi Background Check

    I will follow up with them and reply on here once I find out.

  6. #6
    Join Date
    Jan 2010
    Location
    New Jersey
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    3,625

    Default Re: 851.91 Will Sealing a Record Remove It from the Fbi Background Check

    Quote Quoting LegalWriter
    View Post
    Under 851.91, CA DOJ is notified of the petition being granted. There is nothing in the statute requiring that any federal agency be notified. In 851.8, there is specific language to that effect. If the FBI is told, I have no idea what they would do since nobody is obligated to tell them.
    Exactly... The FBI can be asked to follow the courts order, but they do not have to comply. Some times they do, most times they don't. It would be in the best interest of the seeker to have their attorney ask the state police to notify the FBI of PC 851.91.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  7. #7
    Join Date
    Sep 2008
    Posts
    23

    Default Re: 851.91 Will Sealing a Record Remove It from the Fbi Background Check

    Quote Quoting Who'sThatGuy
    View Post
    Exactly... The FBI can be asked to follow the courts order, but they do not have to comply. Some times they do, most times they don't. It would be in the best interest of the seeker to have their attorney ask the state police to notify the FBI of PC 851.91.
    The state police meaning the CA DOJ?

  8. #8
    Join Date
    Jan 2010
    Location
    New Jersey
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    3,625

    Default Re: 851.91 Will Sealing a Record Remove It from the Fbi Background Check

    I'm not sure if it would be CA DOJ or CHP, have a qualified CA expungment attorney complete the process for you.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  9. #9
    Join Date
    Sep 2008
    Posts
    23

    Default Re: Will Sealing a Criminal Record Remove It from an FBI Background Check

    If the arresting agency approves the 851.8, can the DA still deny it?

  10. #10
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,625

    Default Re: Will Sealing a Criminal Record Remove It from an FBI Background Check

    Are you looking to exspung an arrest record that you were found not guilty or a charge that was never filed, or are you looking to exspung a criminal record that you were found guilty of in a court of law?
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

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