Can the FBI see an expunged record?

Asked by: Kyler Weimann  |  Last update: April 30, 2025
Score: 4.5/5 (25 votes)

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.

Can the government 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 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)

Will expunged records 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.

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.

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

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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: As we mentioned, having a felony conviction on your record is the most common NICS denial reason. This includes any criminal conviction for a crime punishable by 1-year imprisonment or longer (even if you did not serve a year in prison).

Can CIA see expunged records?

Federal Agencies

The law also states that “other interested persons and agencies” can see expunged records. This means that federal agencies will have access, including the: Federal Bureau of Investigation (FBI) Central Intelligence Agency (CIA)

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.

Do expunged records show up on TSA background check?

Expunged records will still appear on your background check when applying for TSA PreCheck; they will not necessarily disqualify you from being accepted into the program.

Can the military see an expunged record?

Although some employers and landlords may not be able to see your expunged criminal record, the military can. For this reason, it's essential not to lie or conceal information during your recruitment interview. Even if you've had a criminal offense expunged, the military will still find out about it.

How many times can you get your record expunged?

There are no limits to how many times you can file a petition for a Section 1 expungement, and they may be filed even if the individual has previously filed for expungement of convictions.

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.

Can the FAA see expunged records?

The court destroys the records and orders the law enforcement agency to destroy all reports and forbids officers of speaking about the case. If the conviction has been expunged, everything else is heresay. Not only that, it would be impossible for an applicant to produce any documents requested by the FAA.

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 local police see expunged records?

Courts, law enforcement, prosecutors, and other criminal justice agencies can access expunged records for future criminal investigations and charging and sentencing decisions.

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 a judge see a sealed record?

Courts can still access your sealed convictions and may count them for the purpose of sentence enhancement or for establishing the elements of a subsequent crime.

Can the FBI see expunged charges?

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 is a level 2 FBI background check?

A Level 2 check is a thorough check, so it will cover all the criminal databases - state, federal, and local - along with the FBI database and sex offender registries.

How far back do NICS background checks go?

The FBI's NICS system reviews eligibility based on current and recent events that would prevent someone from purchasing guns legally. For most criteria, the lookback period is typically around 5 years. However, some disqualifying events remain permanent.

What shows up on NICS background check?

Background check process includes search of all relevant in-state criminal records, mental health records, juvenile delinquency records, warrants, and protective order information.

Can I do a NICS check on myself?

No, you cannot personally conduct an FBI NICS (National Instant Criminal Background Check System) background check on yourself. The NICS background check is typically performed by a licensed firearms dealer (Federal Firearm Licensee or FFL) when you attempt to purchase a firearm from them.