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Expungement and background check

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

Posted

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 likewise limited, and thus the response is not intended to be acted upon as legal advice. Although licensed in numerous states, I am currently only licensed to practice law in the state of Nevada. No attorney-client relationship is formed until you sign an attorney-client agreement with my office. Any information provided is for discussion purposes only and there is no attorney-client relationship formed. Only general legal information is provided. Each case is unique and accurate legal advise would require review of all details and documents for each specific case. It is possible that the comments here, while meant to be helpful, may in some cases not be complete or accurate.

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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.
publicrecords.us.org
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 legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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