Does expunging your “juvenile record” erase your criminal history even on a Federal Background Check?
by admin on Saturday, December 11th, 2010 | 4 Comments
Question by eva.ponce : Does expunging your “juvenile record” erase your criminal history even on a Federal Background Check? Best answer:
Answer by Truthseeker
No
Know better? Leave your own answer in the comments!
no, the federal law can still see it, however these records can’t be used against you in the court of law. Its sealed to the state govt. though, they will not be able to see it.
“Depends”.
In some States, the expungement of a juvenile record results in the physical destruction of the file. In some it is merely ‘sealed’ and is still accessible for things like a military application.
However…… If you are applying for a Federal position that asks you to disclose all convictions ‘including’ expunged or sealed ones, and you do not do so, you run the risk that the military will discover even a destroyed record by some other means (such as a commercial background check performed prior to your file being destroyed, for example)
If they do so, then your failure to disclose is a felony.
Richard
The laws vary from state to state as to how they expunge records.
Essentially, if your record is expunged, it’s as if you were never convicted, so the convictions would NOT show on a federal check. HOWEVER, since it varys from state to state, there are some states that will not expunge severe charges like rape or manslaughter.
Sometimes. A state court judge has no authority to order the FBI to erase its data. If the judgment was entered in the FBI data base at the time, it will remain there. If it was not entered in the data base, then the FBI will not be able to see the court records.