What government agencies can see expunged records?
Asked by: Dr. Isai Schowalter IV | Last update: August 31, 2025Score: 4.8/5 (27 votes)
Courts, law enforcement, prosecutors, and other criminal justice agencies can access expunged records for future criminal investigations and charging and sentencing decisions.
Can the government see expunged records?
Thus, private employers, friends, family members, etc., will no longer be able to see your expunged record. Government law enforcement agencies, on the other hand, will still have access to your criminal records even if they have been expunged.
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 the FBI see expunged charges?
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.
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.
Expunged or Sealed Records and Security Clearances
Can a security clearance see expunged records?
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 fails a NICS check?
Felony Convictions – Any felony conviction at any point will cause you to fail a gun background check, no matter when it occurred. Felonies do not expire when it comes to firearms prohibitions.
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.
Can the FAA see expunged records?
The court destroys the records and orders the law enforcement agency to destroy all reports and forbids officers of speaking about the case. If the conviction has been expunged, everything else is heresay. Not only that, it would be impossible for an applicant to produce any documents requested by the FAA.
How to find out if your criminal record has been expunged?
You can contact the court that issued the expungement order to determine if your records have been successfully expunged or sealed.
Does the military see expunged records?
Even if you've had a criminal offense expunged, the military will still find out about it.
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 a judge see a sealed record?
Courts can still access your sealed convictions and may count them for the purpose of sentence enhancement or for establishing the elements of a subsequent crime.
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 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.
Does the FBI see expunged records?
Reasons Expungements Show Up On FBI Background Checks
Once a charge is expunged, it should not be visible to anyone in the public who accesses the record. However, even when something is expunged, it could still be visible on a background check submitted by an employer.
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.
How far back do FAA 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 CBP see expunged records?
Some applicants mistakenly believe that expunged or dismissed charges won't impact their eligibility. However, CBP still considers expunged charges during their evaluation, and failing to disclose them can result in an immediate denial.
What shows up on Homeland Security background check?
What Is Included in Background Investigation. The background investigation will include credit and criminal history checks, records checks to verify citizenship of members, verification of date of birth, education, employment history, and military history.
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 far back do NICS background checks go?
As far back as any reporting agency has records relevant to NICS, which for most people is as long as you have been alive and a U.S. resident, at least in relation to your legal residency or citizenship status.
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.
Can I find out why I was denied for a gun purchase?
If a transferee receives a “denied” response from NICS, can the transferee find out why they were denied? Yes. Although the licensee will not know the reason for the denial, the transferee may contact the FBI NICS section or the state point of contact in writing to request the reason for denial.