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  1. #1
    Join Date
    Apr 2009
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    2

    Default Expungement and Background Check

    My question involves criminal records for the state of: Virginia

    I had a felony arrest in the state of Virginia expunged from my record. I was never convicted of anything, but I had my fingerprints taken and the case was dismissed by a judge before a trial.

    I am now applying for a professional license in another state which requires me to submit my fingerprints for a background check. These fingerprints will be sent to that State's Bureau of Investigation and the FBI.

    On my application, I am asked "have I ever been charged with a felony?". According to what I can find on Virginia law, I am legally allowed to answer no to that question. However, I will be applying for a prof. license in another state. How can I answer this question? I am not afraid to talk about my charge, but it certainly would be easier if I didn't have to (but I assume much more acceptable to do it on the front end).

    Lastly, when that state's bureau of investigation runs a background check, I assume nothing will show up in that state's records because I have none in that state. I am unclear as to what will show up in the FBI's files. If something does show up, does the state bureau of investigation have the right to tell the professional licensing board about the FBI file (if there is one) if it lists my record as expunged?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Expungement and Background Check

    What's the exact question asked - quote every single word.

    What is the nature of the employer, and the nature of the work?

    Your application is occurring in what state or jurisdiction?

  3. #3
    Join Date
    Apr 2009
    Posts
    2

    Default Re: Expungement and Background Check

    Two questions on the application:

    1) "Are you aware of any complaint or investigation, past or present, regarding you, conducted by any governmental agency or professional licensing board?"

    the above question is prefaced by the statement: "you should answer the question affirmatively if you know of any complaint or investigation that has been made, regardless of whether you consider the complaint or investigation frivolous or groundless, and regardless of the disposition."

    2) "Have you ever been charged or convicted of a felony?"

    - was charged in another state but arrest record expunged, according to state law I can legally deny arrest record, but I am applying for a medical license in NC

    I guess I thought expungement would, as the law states (I'm paraphrasing), "make my record as it were before the incident had occurred," but it seems I can't answer "no" to these two questions.

    My lawyer said I could answer "no," but I'm just not sure I should.

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