Do sealed records show up on security clearance?
Asked by: Prof. Tara Balistreri V | Last update: May 22, 2025Score: 4.8/5 (69 votes)
You won't have to disclose sealed records for many routine background checks performed by potential employers. However, FBI criminal background checks and security clearance background checks will reveal sealed records, and, in many cases, you must disclose them.
Can you get a security clearance with a sealed record?
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.
What employers can see a sealed record?
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.
Does FBI background check show sealed records?
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 military see my sealed records?
However, federal agencies, including the military, can access sealed records. As a result, it is a good idea to alert the military to juvenile convictions on your application, seeing as they will find out about them anyway when they conduct a background check on you.
Expunged or Sealed Records and Security Clearances
Will a sealed record show up on a gun background check?
If your records are sealed, there are limited situations where your sealed criminal arrest, charges, and conviction may be seen and used against you. This includes: Police searches. Applying for firearm ownership and a carry permit.
Can MEPS see expunged records?
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.
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 can I check if my record is sealed?
You can contact the court that issued the expungement order to determine if your records have been successfully expunged or sealed. You can visit the courthouse in person, call them, or use an online search or contact tool (if available).
Will a sealed record show up on a level 2 background check?
While most background checks may not reveal sealed records, a Level 2 background check can access these under certain circumstances. Sealed records might still be visible for specific roles that require a higher level of scrutiny, such as federal positions or jobs involving national security.
Can you work for the government with a sealed record?
People with criminal records are eligible to compete for the vast majority of federal jobs. During the hiring process, Federal agencies are generally required to consider people with criminal records IF they are among the highest rated candidates and can comply with the job requirements.
Will a sealed record show up on a background check in Florida?
If a Florida criminal record has been officially sealed or expunged, the FDLE will remove public access to it and will erase it from the person's criminal history. Any changes to the FCIC are forwarded to the NCIC, where the expunged/sealed records are redacted.
What disqualifies you from security clearance?
- You are not a U.S. citizen.
- You were dishonorably discharged from the military.
- You are currently involved in illegal drug use.
- You have been judged as mentally incompetent or mentally incapacitated by a mental health professional.
- You have had a clearance revoked for security reasons.
What shows up on security clearance?
Security clearance information
The background investigation will: Review your previous and current employment history, including contact with your current employer. Verify your education, residential history and financial background. Interview your friends, neighbors, supervisors and coworkers.
What records does security clearance check?
Credit and criminal history checks will be conducted on all applicants. For a Top Secret security clearance, the background investigation includes additional record checks which can verify citizenship for the applicant and family members, verification of birth, education, employment history, and military history.
Can an employer see a sealed record?
This means that if an employer conducts a standard background check, they will not be able to see any information about past arrests or convictions that have been sealed. On the other hand, expunged records refer to criminal records that have been erased from the legal system altogether.
Can Uscis see sealed records?
Federal agencies, including USCIS, have the ability to see complete criminal histories of all applicants, including any sealed or expunged records. This information will be available to USCIS officers when they conduct a background check on the applicant.
Can the military see sealed records?
However, if you have a criminal record sealed, that's another story. Sealed records are available to law enforcement agencies, the courts, the military and some employers – and that means you'll have to talk to your recruiter about whether you're eligible to join based on what's in your record.
Do felonies fall off after 7 years?
In California, a felony conviction stays on your record forever if you do not get it expunged. You may be eligible for an expungement if you did not serve time in state prison. You can face serious obstacles until you get the conviction removed from your criminal history.
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 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.
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 MEPS see all my medical records?
Yes, they are allowed to look at any medical records that can demonstrate a preexisting condition, many of which occur well before someone is 18. Yes, if there is a disqualifying condition it would keep you from joining.
Can I join the Army 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.