QUESTION

Will my expunged record and conviction record show up in the background check if I want to apply in F.B.I.?

Asked on Oct 11th, 2012 on Criminal Law - Florida
More details to this question:
I was convicted of a gross misdemeanor of conspiracy to commit theft in Nevada about 2 years ago, I didn't serve any jail time but was on probation and completed it. I want to apply for the F.B.I and have my record expunged. But even with my record expunged will my conviction still show up? Also will my Juvenile record show too? I have two blemishes on my record one when I was 15 on larceny and the other when I was 20.
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9 ANSWERS

John J. Carney
If you want to work for a law enforcement agency or the government they will know about every arrest and it will hurt your chances unless you were innocent of the charges and can prove it. Employers will not see it and you can "legally lie" and say you were never arrested if it was expunged.
Answered on Oct 14th, 2012 at 6:00 PM

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Once an order for expungement pursuant to 1203.4 has been granted, you can lawfully state that you have not been convicted of the crime when asked on a job application from a private (non-law enforcement) employer. Those exceptions, where disclosure is required, are set out in the statute: "the order does not relieve him or she of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery." This means that if applying for public office, seeking any license from the state (real estate, stock broker, doctor, lawyer, etc.) , or contracting with the California State Lottery, the conviction must be disclosed (although it can be disclosed as an expunged conviction) . It is worth noting that applications to become a Peace Officer, while not mentioned in the statute, typically require disclosure of expunged convictions. Your Juvenile records do appear on your criminal record. Upon your 18th birthday, you are eligible to petition to have your juvenile records sealed. Once sealed, no one can gain access to them and they will be completely destroyed five years from the date of sealing.
Answered on Oct 14th, 2012 at 12:50 PM

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Michael J. Breczinski
The FBI will probably find out. That does not mean that they will turn you down though.
Answered on Oct 13th, 2012 at 7:00 AM

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YES. Police agencies have ACCESS to your ENTIRE record.
Answered on Oct 13th, 2012 at 7:00 AM

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Criminal Law Attorney serving Los Angeles, CA at Law Office of Edward J. Blum
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Yes it will show up in a background check.
Answered on Oct 13th, 2012 at 6:59 AM

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Yes. The FBI sees everything, including expunged convictions.
Answered on Oct 13th, 2012 at 6:57 AM

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Leonard A. Kaanta
In Michgan an expunged record can be seen if the person is applying for a law enforcement position, i do not know about other states.
Answered on Oct 13th, 2012 at 6:57 AM

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Michael Paul Vollandt
Yes I believe it will.
Answered on Oct 13th, 2012 at 6:57 AM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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I believe the FBI has access to all arrests, regardless of expungement.
Answered on Oct 13th, 2012 at 6:55 AM

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