Can the FBI find expunged records?

Asked by: Newton Pacocha  |  Last update: September 20, 2025
Score: 4.4/5 (42 votes)

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.

Can the FBI see an expunged record?

Even records that have been expunged or sealed can show up as an arrest only—with no additional information. An FBI search works differently. The FBI does not dig deeper or search other databases to help supplement incomplete information. They rely solely on the state.

What agencies can see expunged records?

Who Can See My Criminal Record after It Is Expunged?
  • 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)

What shows up on an FBI background check?

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.

Can Homeland Security see expunged records?

In short, yes – immigration can look at your expunged record. Because immigration is a federal process, agencies like the U.S. Citizenship and Immigration Services (USCIS), the Board of Immigration Appeals, and the Department of Homeland Security (DHS) essentially ignore state laws about expungement.

Can The FBI See The Expunged Records? - CountyOffice.org

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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.

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.

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.

Do expunged records show up on nics?

Expungement does not remove your case from this federal database. That means anyone who is able to run your fingerprints through the NCIC database could still find your expunged criminal record.

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.

Who can see your record after expungement?

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.

Do you have to disclose expunged records for security clearance?

If you do not disclose your expunged charges on your security clearance application, you could be denied a security clearance. You could also be subject to other consequences, such as disciplinary action from your employer or even criminal prosecution.

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.

Do expunged records show up on background checks on Reddit?

Almost certainly yes. Most background check policies will clearly state that you are expected to disclose all past convictions. The reason you need to disclose it is the same reason you wanted it sealed: it's embarrassing and could cost you employment opportunities.

How deep are FBI background checks?

An FBI background check is a comprehensive search of your criminal history with no set time limit on how far back it can go. If you've ever been involved in the criminal justice system, those records are likely to appear unless they've been sealed or expunged.

Can the FBI see my expunged record?

Expunged records can, in some cases, appear on FBI background checks, especially those conducted by law enforcement or certain government entities.. While expungement is meant to remove or restrict access to criminal records, the effectiveness of the process varies by jurisdiction.

What fails a NICS check?

Felony Convictions – Any felony conviction at any point will cause you to fail a gun background check, no matter when it occurred. Felonies do not expire when it comes to firearms prohibitions.

Do all arrests get reported on FBI?

If someone is arrested and booked, the booking record is electronically transmitted to the FBI. That goes for every arrest in the United States.

What will an FBI background check show?

During a background check, the FBI searches its databases for any records or information that may be relevant to the individual in question. This can include criminal records, arrest records, wanted posters, and other information. A background check does not typically include an individual's search history.

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.

Do background checks go back 20 years?

How far back does a criminal background check go in California? In California, employment background checks go back for the prior seven years.

What is the 7 year rule?

The 7 year rule

No tax is due on any gifts you give if you live for 7 years after giving them - unless the gift is part of a trust. This is known as the 7 year rule.

What is the 7 year look back rule?

The FCRA's seven-year rule restricts the reporting of certain types of information for jobs paying less than a minimum salary threshold. Additionally, several states have seven-year restrictions on reporting criminal convictions.

How do I know if I'll pass a background check?

7 Tips for Ensuring You Pass Employment Background Checks
  • Make sure you're well-prepared for these checks. ...
  • Check your credit. ...
  • Review your driving record. ...
  • Be informed about banned substances. ...
  • Contact former employers and ask for copies of your employment records. ...
  • Research local employment laws. ...
  • Beat employers to it.

Can the Army see my expunged record?

Yes. Having a juvenile record can stand in the way of enlisting in the military. Because the branches of the mili- tary are federal agencies they are allowed to apply their own rules and regulations, which may be different from state law. The military can see your juvenile record even if you got it expunged.