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Does a clean criminal background check ensure that your FBI fingerprinting clearance will be clean as well?

Reading, PA |

I received a DUI almost three years ago. Since then I have completed ARD, as well as got my record expunged. I just completed graduate school and am trying to find a teaching job. I recently completed my criminal background check and it came back clean. I am now going to do my FBI fingerprinting test, and am very scared. If my criminal check came back clean, will my FBI check. I am residing in PA. Many Thanks

Attorney Answers 5

Posted

If your normal background check came back clean, I would assume that the FBI check should also come back clean. Your offense wasn't a felony and you went through the expungement process. Even if the FBI check found it, most likely the position you're applying for would allow you to provide some kind of explanation about the situation, as they will also notice that your normal background check came back clean.

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Posted

It is likely that your arrest may show and you will have to show that the case was disposed of with no conviction. Generally as long as there is no conviction it should not be a problem.

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Posted

You should be okay, but I emphasize "should." When your record is expunged the state police are supposed to forward that information to the FBI so they can update their records. For whatever reason that doesn't always happen.

If your FBI record isn't clean, an attorney will be able to contact PSP and the FBI to correct it.

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Posted

Again, you should be okay.

But you should be aware that when the FBI does a background check, they're not just looking at criminal convictions. They're also looking for things like bankruptcies, outstanding debts, negative events on your credit history, divorces, litigation, license suspensions, etc. Anything and everything that generates a record, public or not.

So you'll probably be okay for this aspect of it, but you need to understand that there's a lot more going on here than just that.

This answer does not constitute legal advice and does not establish an attorney-client relationship.

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Posted

You should be ok. The purpose of ARD is to give first-time offenders with no prior criminal record a second chance. Sounds like you fit the bill.

This response is for informational purposes only and does not constitute legal advice. The response is intended, but not promised or guaranteed to be current, complete, or up-to-date. Transmission of the information is not intended to create, and the receipt does not constitute, an attorney-client relationship between Mark D. Copoulos, Esquire and any party. The responses provided on this website are offered only for general informational and educational purposes. They are not offered as and do not constitute legal advice or legal opinions. You should not act or rely on any information contained in these responses without first seeking the advice of an attorney.

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