Do expunged records show up on federal background checks?
Asked by: Prof. Nestor Will Sr. | Last update: July 31, 2025Score: 4.5/5 (38 votes)
Because of the serious nature of jobs that require clearance and because it is a government position, sealed and even expunged records may appear and undergo consideration during a clearance background check.
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 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.
Can the federal government see expunged records?
An expunged record is cleared from public background checks. Law enforcement agencies can still see an expunged criminal conviction for future criminal sentencing. The federal government still has access to criminal records even if they are sealed under state law.
What shows up on a federal background?
A federal criminal background check provides information about certain types of criminal cases prosecuted at the federal level — including robbery, fraud, embezzlement, tax evasion and white-collar offenses.
Do Expunged Records Show Up on a Background Check?
How strict is a federal background check?
The federal background check expectations and disqualifiers are generally far more serious crimes than state ones. They can include the distribution of drugs, illegal possession of firearms, arson, kidnapping, embezzlement, tax evasion, counterfeiting, bank robbing, and other major felonies.
What comes back on a federal background check?
Federal background checks are a more in-depth look at your past, reaching into federal crimes, education, employment, credit, and sometimes even military service. They're essential for certain jobs, especially those with higher security risks.
What 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)
Can an expungement be reversed?
Rest assured that the expunged crime will not be reversed, meaning it will still be invisible to employers and landlords during a background check. However, law enforcement and the criminal court can use your expunged crime against you after a new arrest.
How far can the feds go back on your criminal history?
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.
What would make you fail a federal background check?
Warning signs on a background check include multiple periods of unexplained unemployment, inconsistent information, short periods of employment, minimal relevant job experience, no required education or training, professional license issues, dangerous criminal convictions, job-related criminal convictions, bad ...
How hard is it to pass a federal background check?
There's a chance you will fail a background check if you have a criminal history. This is particularly true if the offenses on your record are relevant to the job you're applying for (i.e. if you committed a sexual offense and are applying to work with children).
How far back can a federal background check go?
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.
Do expunged records show up on secret clearance?
If for some reason you needed FBI or CIA security clearance, your expunged record would show up on fingerprinting.
What pops up on a FBI background check?
An FBI background check typically shows the following information: Criminal charges, convictions, and incarceration. Bankruptcies. Outstanding warrants.
Will an expunged record show up on a level 2 background check?
The existence of expunged convictions that involve mistreatment of children or other vulnerable individuals may be legally reported in Level 2 background checks, though unsealing the details of those records typically requires a court order.
Can employers see sealed records?
Records of your sealed cases should not show up on most background checks or on most RAP sheets. Some agencies and employers will have access to your sealed records if they request them from the court. The following agencies and employers may access your sealed records: “Qualified agencies” (defined in Exec.
Can the court see expunged records?
Once expunged, such records cannot be accessed for general law enforcement or civil use. However, under certain exceptional situations, the expunged records can be searched, retrieved, and used, but this occurs only in exceptional circumstances which normally require a court order or statutory authorization.
Can federal agencies 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)
Can countries see my expunged record?
In short, yes – immigration can look at your expunged record.
Can I join the military with an expunged felony?
Fortunately, there is a way in which individuals who have acquired a criminal record (whether convictions and charges have been expunged or sealed) can still enlist. Interested applicants must obtain a criminal record waiver.
What does a federal background check reveal?
What Is A Federal Background Check? A federal background check, or federal criminal background check, searches 94 federal US district and appellate courts to identify convictions and pending cases of federal crimes. For example, identity theft, tax evasion, counterfeiting, and kidnapping are all federal crimes.
Why would someone not pass a federal background check?
There are many situations that could cause a person to fail a background check including financial problems, gambling debt, moral turpitude, past criminal behavior, current criminal behavior, and drug use. Anything that someone could use to blackmail you could be a reason to not give you clearance.
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.
What does it take to pass a federal background check?
The minimum investigation required for a Low-Risk position is the National Agency Check with Inquiries (NACI), which entails a National Agency Check, law enforcement check, records search, credit check, and written inquiries of pervious/current employers, education, residence, and references.