Can FBI see expunged records in Texas?
Asked by: Neoma Bosco | Last update: May 11, 2025Score: 4.7/5 (47 votes)
So, who can see expunged records? When a criminal record is expunged, it doesn't just disappear like nothing happened. The federal government still has access to your sealed records. All law enforcement agencies and some state agencies can also access your records.
Who can see my expunged record in Texas?
Understanding the Law and Expungement in Texas
However, the documents are still there and can be opened with a court order. And, with nondisclosure, law enforcement agencies and all Texas professional licensing agencies will still see the records.
Does the FBI look at expunged records?
FBI background checks, particularly those using Live Scan fingerprinting, are comprehensive and can uncover expunged records. However, legal protections may prevent employers from considering expunged convictions during hiring. For more updated expungement law in Florida, read this: Florida New Expungement Law in 2024!
What government agencies can see expunged records?
- Criminal justice agencies (court administrative jobs, positions with juvenile court or state prisons, police officer jobs)
- Human service agencies (social work positions, probation officer positions, counselors)
- Department of Education (working in a public school)
Do expunged records show up on fingerprinting in Texas?
Yes – your fingerprints will still be on file at both the state and federal levels. That's because fingerprints are physical records, and expungements do not destroy them. At the state level, your fingerprints won't be connected to your expunged case, but they could still be used to identify you.
Can The FBI See The Expunged Records? - CountyOffice.org
What does the FBI background check show?
The purpose of an FBI background check is primarily to disclose a job applicant's criminal history. The results of an FBI background check will often include all public federal misdemeanor convictions and felony convictions.
Does expungement clear your record in Texas?
Texas Law. In certain cases, Texas individuals are able to have their criminal record expunged (i.e., cleared), or they may petition for their record (including juvenile records) to be sealed through a nondisclosure order.
How far back does a FBI background check go?
Criminal background checks typically go back 7 to 10 years, but this can vary based on state laws and the type of job. For instance: In states like California, criminal background checks go back seven years.
Can the FAA see expunged records?
Thus, agencies such as the Transportation Security Administration (TSA), Federal Aviation Administration (FAA), Department of Homeland Security (DHS), and Federal Bureau of Investigation (FBI), for example, will most likely still be able to see your expunged records.
What is a Level 2 background check for the FBI?
Level 2 background checks are more in-depth. The process for these checks will involve fingerprinting performed on a national scale rather than only within the state boundary. This screening level will provide insight into federal offenses and uncover any hidden or expunged records candidates may have.
How to find out if your criminal record has been expunged?
You can contact the court that issued the expungement order to determine if your records have been successfully expunged or sealed.
Will a felony show up on a background check after 10 years?
Under Cal. Civ. Code 1786.18(a)(7), California mandates that a conviction can't be reported when it's older than seven years. Arrests that didn't lead to convictions can't be reported regardless of how much time has elapsed.
Will an expunged record show up on a federal background check?
A Level 2 FBI Background Check
A Level 2 check will even uncover those sealed or expunged records – especially if they involve the mistreatment of children, the elderly, or the disabled.
What crimes cannot be expunged in Texas?
- Murder.
- Manslaughter.
- Sexual Assault of a Child.
- Aggravated Sexual Assault of a Child.
- Continuous Sexual Abuse of Young Child or Disabled Individual.
- Indecency with a Child.
- An offense involving leaving the scene of a collision if resulting in the death of a person.
Will a sealed record show up on a background check in Texas?
Hence, sealed records are not eligible for disclosure in most background checks. However, if there's a delay in the execution of an order of non-disclosure or a delay in the court's decision to seal a record after a petition has been filed, the records may still appear in background checks.
What will an FBI background check show?
The FBI background check will include a comprehensive criminal record check against the FBI's national database, which will include arrest and conviction history, as well as traffic violations and even parking tickets.
What is a red flag on a background check?
A red flag in a background check is anything alarming or concerning about a person's past. This could be a history of breaking the law, lying about work experience or education, or other serious issues. However, not all red flags are the same. Some might be small and not that serious, depending on the job.
Does your criminal record clear after 7 years?
Some people have the misconception that their criminal record will “clear” after a period of 7 years. This is a misnomer. Although your criminal record does not automatically clear after 7 years, you can take steps to have your case expunged or your record sealed.
Can the government see expunged records?
In most cases, your criminal records are sealed when you get an expungement. However, the government still maintains evidence of your conviction. If you are applying for government jobs the conviction will still likely show up in a criminal background check.
Do expunged records show up on nics?
The NCIS database can only see records submitted to it by other law enforcement agencies and state courts. The existence of some sealed records may not have been made available to NICS and, therefore, would not show up on the background check. This may have been what happened when you ran your own background check.
Will expunged record show up on security clearance?
Only certain employers, varying by state but usually including law enforcement and others, may be able to see such results. Will an expunged record show up on security clearance? Most likely, yes.
What agencies can see expunged records?
Also, certain government agencies will almost always have access to expunged records. Courts, law enforcement, prosecutors, and other criminal justice agencies can access expunged records for future criminal investigations and charging and sentencing decisions.
Can law enforcement see expunged records in Texas?
The courts and law enforcement will be prohibited from disclosing your criminal history. However, some licensing agencies and public entities may be able to access it. However, you can choose to erase or expunge your record. If you expunge your crime, then all records of the arrest or conviction will be erased.
Does Texas have a clean slate program?
Clean Slate Texas is a coalition of community organizations, advocacy groups, businesses, faith leaders, directly impacted individuals, and families dedicated to expanding access to criminal record sealing.