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Will my expunged charges from Michigan show up on a fingerprint/ FBI background check in Florida?

Fort Myers, FL |

When I was 17, I was arrested for possession of marijuana and paraphernalia. I completed my probation sentence, and under a hide-a-program (7411) it was expunged when I completed the probation. Then when I was 19, I was arrested for home invasion, domestic violence, and larsony from a person. I was only charged with domestic violence and a lesser count of larsony, but as long as I completed the terms of my probation all would be expunged. And I did just that. Oh, and all of this happened in Michigan. Now, I have been offered a job in Florida, and I guess that pursuant to the National Child Protection Act of 1993 they have the right to do a fingerprint background check. This is a large and powerful company, but a relatively measly job. Will my past come back to haunt me?Can they see it all?

Attorney Answers 3


Because domestic violence charges were involved (Brady Act consequences) it is very likely that your conviction was routinely reported to the FBI's criminal history data-base. The FBI's current policy is that criminal history data is not removed -- ever. If a state court grants post-conviction relief, such as expungement or a set-aside, that order will be reported along with the original conviction data. It is highly likely that your prospective employer will learn of your prior conviction and you may want to consider a disclosure that frames the issue as favorably as possible for you, rather than wait for the info to be found out by the potential employer through routine background checking.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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1 lawyer agrees


I concur with the previous answer. Especially, since if involves a FBI check. The good news us that the dispositions that the matters were expunged will also show up.

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Yes. My colleague provided you with an excellent answer.

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