Does the FBI see expunged records?
Asked by: Dr. Lee Schaefer DVM | Last update: March 22, 2025Score: 5/5 (11 votes)
Does FBI have access to expunged records?
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 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)
Will a sealed record show up on a FBI check?
Records of your sealed cases should not show up on most background checks or on most RAP sheets.
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.
Can The FBI See The Expunged Records? - CountyOffice.org
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)
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 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 FBI background check?
The FBI background check will include a comprehensive criminal record check against the FBI's national database, which will include arrest and conviction history, as well as traffic violations and even parking tickets.
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.
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.
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 licensing boards see expunged records?
The bottom line is that expungement should erase your conviction from public records and background checks, but some agencies (including licensing boards) may still be able to see it, depending on how records are handled in your state.
How far back does a FBI background check?
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 government agencies can see expunged records?
Also, certain government agencies will almost always have access to expunged records. Courts, law enforcement, prosecutors, and other criminal justice agencies can access expunged records for future criminal investigations and charging and sentencing decisions.
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.
Can the FBI see expunged 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.
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 are disqualifiers for the FBI?
The FBI Special Agent Employment Disqualifiers are: Non U.S. citizenship. Conviction of a felony, sex crime and/or a domestic violence misdemeanor. Having knowingly or willfully engaged in acts designed to overthrow the U.S. government.
Will expunged record show up on security clearance?
Security Clearance Regulations: The Department of Defense (DoD) has regulations governing the security clearance process. These regulations require all applicants to disclose all criminal arrests, charges, and convictions, regardless of whether they have been expunged.
How far back do FAA criminal background checks go?
Since the Federal Aviation Administration (FAA) doesn't go back a specific number of years when conducting background checks, a DUI over 10 years ago may make an FAA medical certificate harder to get.
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 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.
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.
Does TSA know if you are a felon?
TSA may also determine that an applicant is not eligible if the security threat assessment process reveals extensive foreign or domestic criminal convictions, a conviction for a serious crime not listed in Part A or B below (including some lesser included offenses of serious crimes; e.g. murder/voluntary manslaughter), ...