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Will an expunged misdemeanor marijuana conviction be visible to employers running an FBI background check?

Trenton, NJ |

I was arrested with a large amount of marijuana (5lbs) over 2 years ago in Northern California. Obviously I was charged with felony possession of marijuana for sale. However, I ended up pleading guilty to "misdemeanor possession of over 28.5g of marijuana". Following the two years I was told my charge, including arrest, was "obliterated" in accordance with state law. I am applying for an internship with a bank that requires an FBI fingerprint background check. I am assuming the FBI can access this, but wanted to know if they are allowed to report it b/c it is expunged. If they do report it would it list the charge and all the details or simply "expunged misdemeanor"? Also, info about my arrest is still visible on Google, is there any way to have this removed or hidden? Thank

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Attorney answers 3


It should NOT!


You need to speak to a Cal. attorney to determine what was and was not expunged. In NJ the State Police would take down the entries and secure the fingerprints from the system. Any search of the State records would be clean. They would then request the FBI do the same. Sometime the information is not sent to them sometimes it is. Prior to 9/11 the Feds would comply. Since, I am told, they routinely do not. I do not know if it is the same in Cal. So the prints may be there and the entry may be on a multistate because a State Judge cannot require the Feds to expunge. Sorry I cannot give a better answer.



Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship. There are always specific facts that are important for an attorney to review before providing advice to a Client. In no way should you rely on the response provided herein to conduct your legal affairs on your own. You should always hire an attorney before you rely on advice provided.

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