I recently had a charge of domestic assault that was nolle proces expunged at the state level. Is there anyway I can have my record removed at the fed
Asked on Jul 12th, 2011 on Criminal Law - Virginia
More details to this question:
I want to join the U.S. Coast guard and was told by a recruiter that even if my record was expunged at the state level, I would not be allowed entry if my arrest showed up in the federal back ground system. My question is can I have my federal record expunged as well strictly from career purposes?
In Virginia, if you have a matter expunged under the state law, what the court order effectively does is directs the Virginia State Police and the Clerk of Court to destroy the records of the event. This includes removing them from electronic databases. The question you really need answered is whether the federal background search is pulling from the state record. If they pull from the state record - there shouldn't be one there to pull once the expungement went through. It is all linked through your fingerprints. Just in case, you should consider getting a copy of the expungement order from the court granting it.
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