Do you have to disclose expunged records for security clearance?

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 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 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.

What shows up on a security clearance background check?

This security clearance requires a thorough personnel security background investigation that examines your life history, character, trustworthiness, reliability and sound judgment. The background investigation will: Review your previous and current employment history, including contact with your current employer.

Can US customs see expunged records?

“I was granted entry without a problem, but I am wondering how the officer knew my history without seeing my case?” Customs and Border Patrol (CBP) still have access to records that are sealed. Even if you have an expunged or sealed record, the U.S. government has access to that documentation and can see your records.

What agencies can see expunged records?

Can TSA see your criminal record?

The TSA Background Check

The background check is thorough and is conducted at a State or Government Facility. However, one should note that the TSA does not view all criminal convictions equally, so we will look at what types disqualify and which do not. 💡 Check our Free TSA CBT test for practice questions.

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.

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 disqualifies you from secret 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.

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.

What is the difference between a background check and a security clearance?

Each position requires some level of background investigation. Security clearances are only required for national security positions. This type of security clearance provides access to information or material that may cause damage to national security if disclosed without authorization.

What is a red flag on 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 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 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.

Can a judge see an expunged record?

If you are arrested again for another crime, law enforcement agencies, prosecutors, and the criminal court may still be able to see your expunged records. The court can use your prior conviction against you as allowed by state and federal law.

Can Global Entry see expunged records?

If the records have been expunged, CBP may not have access to them and therefore may not consider them in the Global Entry application process. However, if the expungement is not recognized by CBP or if the applicant has other criminal history that is not expunged, the application may be denied.

How far back does NICS background check 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.

Why would NICS deny me?

A person's criminal history plays a big role in National Instant Criminal Background Check System (NICS) denials. If someone has been convicted of a felony or certain misdemeanor, or has an open case against them, they can't buy a gun. It is important to stay out of trouble to avoid this.