Results 1 to 7 of 7
  1. #1
    Join Date
    Jul 2007
    Posts
    4

    Default Fingerprint Based Background Checks and Expunged Records

    Will a fingerprint-based background check reveal a misdemeanor conviction (criminal mischief & assault) from 20 years ago that was expunged 15 years ago?

    I have been employed for the past seven years as a dispatcher and just learned that all of us would be required to undergo a fingerprint-based background check for some type of government compliance.

    I am not concerned about losing my job as when I applied, the background portion of the application stated "do not include any convictions which have been expunged". I am concerned about the embarrassment of my supervisors and co-workers finding out. I have lived as a model citizen with not as much as a parking ticket since this stupid mistake as an 18 year old.

    Any information on this matter would be greatly appreciated.

    I live in Florida

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Fingerprint Based Background Checks and Expunged Records

    And the conviction and expungement are from Florida?

  3. #3
    Join Date
    Jul 2007
    Posts
    4

    Default Re: Fingerprint Based Background Checks and Expunged Records

    No - both were in Kentucky

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Fingerprint Based Background Checks and Expunged Records

    It does not appear so (see this statute), but a different law may have been in effect at the time.

  5. #5
    Join Date
    Jul 2007
    Posts
    4

    Default Re: Fingerprint Based Background Checks and Expunged Records

    My major concern is whether the FBI fingerprint check will return "no record found" (as it should after receiving the court ordered expungement) or whether a copy of the original FBI Rap sheet will be returned with the full arrest/conviction record noting "court ordered expungement".

    After getting the expungement almost 15 years ago, there is no record of my arrest or conviction with the state or local police agency (I checked to make sure). The only record left if any would be with the FBI.

    I have heard both possibilities. Some say with a court ordered expungement, the FBI destroys or returns the original fingerprint card to the agency who originally submitted it. Others say the entire record remains in the FBI file for dissemination with the notation "court ordered expungement". Can you advise which is true?

    If this fingerprint based background check reveals any criminal record (even though the original expunged conviction would not have been disqualifying), the damage will have already been done and my exemplary career will be ruined with my peers and supervisors who have great respect for me.

    Any further information or suggestions would be greatly appreciated.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Fingerprint Based Background Checks and Expunged Records

    Although the feds typically update their records to accord with a state's records, they do not have to do so. As a federal agency, the FBI is not bound by a state's expungement order.

  7. #7
    Join Date
    Jul 2007
    Posts
    4

    Default Re: Fingerprint Based Background Checks and Expunged Records

    Thank you for your information.

    1. Sponsored Links
       

Similar Threads

  1. Criminal Records: Will Expunged State Criminal Records Show Up on a FBI Background Check
    By yoyomah in forum Criminal Records
    Replies: 1
    Last Post: 08-30-2010, 09:01 AM
  2. Expungement and Sealing: Expunged Records Remain in Databases of Private Background Investigation Firms
    By ForgiveThySin in forum Criminal Records
    Replies: 10
    Last Post: 08-03-2010, 01:24 PM
  3. Background Checks: Background Checks and Arrest Records
    By aurik in forum Employment and Labor
    Replies: 1
    Last Post: 03-10-2010, 06:04 PM
  4. Expungement and Sealing: How to Get Private Background Search Companies to Remove Expunged Records
    By glutamate23 in forum Criminal Records
    Replies: 6
    Last Post: 02-20-2007, 09:19 AM
  5. Criminal Records: Background checks and Tennessee Public records
    By David Dummy in forum Criminal Records
    Replies: 2
    Last Post: 08-04-2005, 10:56 PM
 
 
Sponsored Links

Legal Help, Information and Resources