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They FBI says it will honor the state Expungement request?

Laurel, MD |

I was charged and it was nolle prossequed. Now i just want a normal life. Anyway i have had the case expunged. And i have heard that the FBI acts high and mighty, and will not honor a state expungement request. Now in light of this i have decided to higher a Federal Attorney and go before a Federal Judge, to make the plight of my case. How i want to just have a normal life and pay taxes. Anyway does anyone think my plan is a good one, going in-front of the FED judge with appropriate representation. And if the FBI somehow complies with the expungement, how will i know, i mean will it show nothing on RAP sheet, or say everything and state-expunged. The latter of course being useless.

Attorney Answers 3


FBI records are not open to the public, nor are they the records used in an employment background check, unless the FBI is performing the check for a federal agency. The MD state expungement process reaches the NCIC database, which is the primary database for nearly all criminal background checks. The FBI set up and maintains the NCIC, but also keeps its own private version and database. When states expunge a case, they directly access the NCIC to delete the entries they originally put into it. I do not see how you will succeed in getting the FBI to erase your criminal history info from their files, as state law does not supercede federal law or have jurisdiction to compel a federal agency like the FBI to do or not do something, such as destroy federal records to comply with a state law. The Supremacy Clause of the US Constitution would be a bar to such a legal argument. But it is unclear what it is you fear: the mere existence of an FBI record showing the details of an expunged case, but which cannot be viewed or accessed except in connection with your applying for a federal job? How does this prevent you from having a normal life and paying your taxes?

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No, I do not think this plan is a good investment of time and money.

Clark County, Nevada practitioner.

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3 lawyers agree


The 2 previous answers hit the mark. You just need to confirm the State transferred the expungement order to NCIS.

The information presented here is for informational purposes only and does not constitute legal advice. The Goodman Law Group, P.C. recommends that you consult an attorney with experience in your specific legal issue. Please contact us to schedule a confidential discussion of your situation. Such communication does not create an attorney-client relationship of any kind until a formal engagement agreement is signed by both you and the Goodman Law Group, P.C.

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