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OopsinTX

if you get a non-conviction expunged or sealed, what shows up on a FBI BG check?

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I just asked a question so sorry if this is redundant, i'm just a little confused.

I heard that if you get something expunged or sealed, then they are not allowed to disclose it to non law enforcement or people/organizations without a certain level of clearance code.

I read that an FBI BG check will list everything. On the contrary, I also read that sealed or expunged record will be omitted if the request is sent by a business, landlord, or other persons.

So basically, everything is there forever, but only specific people/jobs can see it, depending. Without proper clearance, things show up as "no record", if you successfully expunged or sealed it.

Is this true? What is true?

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I'm not 100% sure of this, but after some experiences in this area, these are the impressions that I get:

1) there is a huge industry in collecting  your information

2) there is supposed to be regulation, but it is lax and easily avoided due to the variation in agencies and state laws

3) once someone finds your information, they can then upload it to 'unofficial' data bases, which are again, part of the large industry.. (i.e. the 100's of website ads that will let you 'find out X about 'so and so')

4) expunging only removes the information from official government data bases.   Its probable that these third party sites scour the information on a constant/regular basis and then keep it on file in their unofficial data bases

5) Employers who regularly do background checks  probably pay for some kind of membership to  seemingly legitimate organizations who most likely deal with less than legitimate sources who do not follow regulations/laws. 

6) Laws are lax and regulation is sloppy 

7) Employers have no obligation to tell you what they find or disclose any reasons for not hiring you or contacting you back regarding employment etc.

8) This is all probably intentionally done this way, with sloppy regulation that is easily avoided to 1) weed out the millions of people who want high end jobs 2)fuel the industry that keeps people spending money thinking they can expunge and/or 'clean' their records.    Government agencies are probably also in no rush to tighten up regulation because they collect fees from people requesting their records and/or expunging them.  

 

Welcome to America. 

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So basically, everything is there forever, but only specific people/jobs can see it, depending. Without proper clearance, things show up as "no record", if you successfully expunged or sealed it.

Is this true? What is true?

 

The effect of expunging or sealing records varies from one jurisdiction to the next. However, one thing is true of pretty much all of them: they don't completely destroy the records of the arrest or conviction that the government has, but rather restricts who will be able to access the records. Generally speaking, the records are available to the government itself for many purposes, for example use in sentencing should the individual be convicted of another crime, use by certain licensing authorities (e.g. doctor and attorney licenses, teacher certificates, nursing home licenses, etc), security clearances, and so on. The records are not available to the general public, and thus private employers would not get them either.

 

The problem is that the sealing or expungement generally only removes the government’s records from access to the public. It does not require that private entities that have already obtained that information must remove those records. So, private background check companies that go out and obtain information about arrests and conviction before they are sealed may continue to use those records. Similarly, certain internet sites that collect and display such information also are not required to remove it once the state expunges or seals the records. This means that it is possible an employer may still see the information about the arrest or conviction from some private background check company or internet site even after the records were expunged or sealed. 

 

There are some restrictions on how arrest records are used by employers in the U.S. And there are even a few states that impose some restrictions on use of conviction records. But as those only apply to employers in the U.S., that won’t be helpful to you for your overseas job.

 

FBI criminal history reports do not hide information that has been sealed or expunged in a state proceeding. Note that private persons or companies cannot get your FBI criminal history report. You may get a copy of it under the Privacy Act of 1974.  Federal government agencies and certain state agencies may obtain copies of it as well. A foreign government might also be able to get a FBI report pursuant to a treaty with the U.S. 

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