Expungement and background check

Asked almost 2 years ago - Las Vegas, NV

In 2009 I was arrested on a misdeamnor theft charge in the state of PA. I completed a pre trial diversion program and the charge was dismissed. Arrest was expunged as well. I now live in Las vegas. I wanted to apply for a job at a casino and wanted to know if this dismissed, expunged misdeamnor would show up in the FBI background check? I have the signed expungment order from the judge as well as certification from all the state agencies that the record has been expunged. But i dont know if it will show up in a FBI background check?

Attorney answers (2)

  1. George G. Trachtman

    Contributor Level 12


    Lawyer agrees

    Answered . Nevada handles sealing of records differently than the State of PA. I would recommend you speak with an attorney in PA to find out what procedure if any, you may need to do, once you have a signed order from the judge. In Nevada for example, once you have an order that the record is sealed, you still need to send the order to the different agencies (police, dmv, etc.). Not sure regarding the process in PA. Good Luck.

    The answer above is only based upon the limited information provided. The answer is limited and my review is... more
  2. Howard Robert Roitman

    Contributor Level 17

    Answered . Criminal Justice Information Services (CJIS)
    The FBI’s central repository for criminal records is the Criminal Justice Information Services division. This department receives dispositions from all criminal justice agencies in the U.S. including state criminal history repository, arresting agencies (police departments, state police and correctional facilities), courts and federal agencies (such as the Drug Enforcement Agency and ATF). In effect, this repository holds all of the data regarding criminal records in the U.S.

    Methods of Expungement at the CJIS
    While the CJIS holds lots of data on criminals, it has no authority to expunge it. Rather, the CJIS only can expunge a criminal record when receiving an expungement request from the controlling legal authority. On the state level, these requests may be submitted via MRD (machine-readable data) tape. Otherwise, they must be submitted via paper disposition forms.

    Lookup Public Records
    1) Enter Any Name and State. 2) See Their Full Public Records.
    Required Details for Court-Ordered Expungement
    An expungement may be a deletion of a single arrest, conviction or a criminal’s entire record. Though each state has unique forms for submitting expungement requests, the documents always contain the offender’s name, date of birth (or FBI number), expungement action (e.g., delete, expunge or purge), date of arrest, charges to be removed, copy of court order and the state bureau stamp or letterhead.

    Criteria for Expungement
    A court’s decision of whether to grant expungement depends on several criteria such as the amount of time since the arrest or conviction, the severity and nature of the offense and the offender’s criminal record before and since the event. Arrests and convictions for juveniles are generally easier to expunge whereas sex crimes are far more difficult.

    Expungement of CJIS files Vs. FBI Case Files
    The records at the CJIS are separate and distinct from other FBI files that are kept on people of interest. For example, in the 1960s, J. Edgar Hoover’s FBI opened files on celebrities such as Sammy Davis, Jr., and John Lennon even though they violated no federal laws. Today, there are suspects on terrorist watchlists who have no criminal records (at least for now). Not only is it not possible to expunge these files, but much of the information in these documents is not available to the public (including the people under observation).

    The materials available at this web site are for informational purposes only and not for the purpose of providing... more

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