Can the FBI see my expunged record?

Asked by: Wilfrid Bergstrom  |  Last update: December 13, 2025
Score: 4.3/5 (20 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.

Does FBI have access to expunged records?

The background check landscape uncovers different personal and criminal background details, including expunged records from the Federal Bureau of Investigation (FBI) - again, depending upon 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)

Will a sealed record show up on a FBI check?

Will my sealed criminal records show up on a background check? Sealed convictions should not show up on any background check run by an employer or licensing agency, unless you are applying for a job as a police officer or a peace officer or you are applying for gun license.

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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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.

How do I know if my criminal record has been expunged?

The clerk can look up your information and tell you what is in their system, such as the expungement order or other criminal convictions, arrests, or charges. Likewise, you can contact law enforcement to see if your information still shows up in their system.

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 you have to disclose expunged records for security clearance?

The answer to this question will almost always be emphatic: yes, you should disclose the record even though it has been expunged. Although expungement laws vary from state to state, generally speaking, they are not actually deleted or destroyed when criminal records are expunged.

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 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.

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.

What shows up on a FBI fingerprint check?

A fingerprint background check reveals previous criminal arrests, charges, and details relating to previous cases. Fingerprint screening can also include further information pertaining to the person's birth, address, employment, vehicle accidents, insurance information, and full name.

How to correct FBI background check?

If you think your FBI RAP sheet is inaccurate or incomplete, there are 2 ways to correct the information:
  1. OPTION 1: Contact the court or agency that sent your information to the FBI.
  2. How to contact the California Bureau of Criminal Information and Analysis:
  3. OPTION 2: Go through the FBI directly.

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.

Will an expunged record show up on a level 2 background check?

Typically, live scans cover criminal convictions within the last seven years, except for certain law enforcement roles that may require a more in-depth review, such as a Level 2 FBI check. The latter can expose all details on your record, including expunged records.

What is the difference between a background check and a FBI background check?

As a result, FBI checks can reveal a more detailed criminal history, including federal crimes, compared to state-level BCI checks, which are likely to focus only on records within the respective state.

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.

What is the new California expungement law 2024?

2024 Update: California has recently adopted legislation that limits some offenses (specifically violent and serious felonies under §1192 and §667) from expungement eligibility. More on this below. For Felony Expungements, click here.

Can FBI see expunged records?

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.

Can a cop look up your record?

Yes, absolutely! They can find out if there are any unpaid tickets, any other driving infractions, suspensions, criminal history, parole or probation status if applicable, and any outstanding warrants out for your arrest.

Can I run an FBI background check on myself?

For a fee, the FBI can provide individuals with an Identity History Summary, often referred to as a criminal history or “rap sheet”—listing certain information taken from fingerprint submissions kept by the FBI and related to arrests and, in some instances, federal employment, naturalization, or military service.

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 disqualifies you from a federal background check?

INTERIM DISQUALIFYING CRIMINAL OFFENSES

Extortion. Dishonesty, fraud, or misrepresentation, including identity fraud and money laundering, where the money laundering is related to a crime listed in Parts A or B (except welfare fraud and passing bad checks). Bribery. Smuggling.