Expunging a criminal record can provide significant relief and new opportunities, but questions often arise about the extent to which these records are truly inaccessible, particularly by federal agencies like the FBI. Understanding the nuances of expungement and federal access is crucial for those seeking a clear record.
Does the FBI Have Access to Expunged Criminal Records?
The short answer is sometimes yes, but the situation is complex. This guide explains the following:
- The nature of expunged records
- Federal access to expunged records
- The FBI’s criminal record clearing process
- Steps to ensure your record is clear
- How an attorney can assist
Here’s a closer look at each.
The Nature of Expunged Records
Expungement is the legal process of sealing or destroying criminal records, making them inaccessible to the public and typically to employers, landlords, and others conducting background checks. However, expunged records do not simply disappear; they are often moved to a separate, inaccessible file. In most cases, state and local law enforcement agencies cannot access these records without a court order. The primary goal of expungement is to allow individuals to move forward without the burden of a past criminal record affecting their opportunities.
Related: Indiana expungement info
Federal Access to Expunged Records
While expungement significantly limits access to your criminal records, federal agencies like the FBI may still have access to them. The FBI maintains the National Crime Information Center (NCIC), a centralized database of criminal justice information that includes arrest and conviction records. When a record is expunged at the state level, it does not always result in the automatic removal of the record from federal databases.
Federal law enforcement agencies, including the FBI, may retain access to expunged records for purposes such as national security, immigration, and certain types of background checks, particularly for positions requiring security clearances. This retention is due to the complexities of data sharing between state and federal systems, as well as specific legal provisions that allow federal agencies to maintain certain records.
Related: 5 common questions about expungement in Indiana
The FBI’s Criminal Record Clearing Process
If you are concerned about the FBI’s access to your expunged records, you can take steps to request the correction or removal of information from federal databases. The process involves:
- Obtaining Your FBI Record: You can request a copy of your FBI criminal history record by submitting a request through the FBI’s Criminal Justice Information Services (CJIS) Division. This record will show what information the FBI has on file about you.
- Reviewing the Record: Carefully review the record for any inaccuracies or entries that should have been expunged. Note any discrepancies or records that you believe should be sealed or removed.
- Submitting a Correction Request: If you find errors or records that should be expunged, your lawyer can submit a request for correction. This involves providing documentation of the expungement order from the court and any other relevant legal documents. The request should be sent to the CJIS Division. Your attorney may be able to help you with this process.
- Follow-Up: The FBI will review your request and documentation. They may contact you for additional information or clarification. It is important to follow up regularly to ensure your request is being processed.
Steps to Ensure Your Record Is Clear
While the FBI’s process for clearing records can be complex, there are steps you can take to help ensure your record is as clear as possible:
- Consult with an Attorney: An experienced attorney can guide you through the process of expunging your records at the state level and help you address any federal concerns.
- Stay Informed: Keep yourself informed about your rights and the processes involved in clearing criminal records. Understanding the legal landscape can help you take proactive steps to protect your record.
- Maintain Documentation: Keep detailed records of all legal documents related to your expungement, including court orders and correspondence with law enforcement agencies. This documentation is crucial if you need to challenge or correct any records.
How an Attorney Can Assist
An attorney specializing in expungement can provide invaluable assistance throughout this process. They can help you navigate the complexities of both state and federal record-clearing procedures, ensuring that all necessary steps are taken to secure the expungement of your records. An attorney can also advocate on your behalf, addressing any challenges or disputes that arise during the process. Consulting an Indiana expungement attorney will provide you with the knowledge you need to manage this intricate legal process effectively.
FAQ About FBI Access to Expunged Criminal Records
Check out these commonly asked questions about the FBI’s access to expunged criminal records. If you don’t see your question here, please call our office and we’ll find you the answers you need.
Does the FBI Have Access to Expunged Records?
Sometimes yes. While state-level expungement restricts access to records, federal agencies like the FBI may retain access to them for specific purposes, such as national security or background checks.
Related: 3 things you should ask an expungement lawyer
How Can I Find Out What the FBI Has on My Record?
You can request a copy of your FBI criminal history record through the FBI’s Criminal Justice Information Services (CJIS) Division. This record will show what information the FBI has on file about you.
What Should I Do If My Expunged Record Appears on My FBI Record?
If your expunged record appears on your FBI record, you can submit a correction request to the CJIS Division, providing documentation of the expungement order and any other relevant legal documents.
How Long Does the FBI’s Record Correction Process Take?
The time required for the FBI to review and process a record correction request can vary. It is important to follow up regularly and provide any additional information they may request promptly.
Can an Attorney Help With Clearing My FBI Record?
Yes, an attorney can help you navigate the process of expunging your records at the state level and address any federal concerns. They can assist with submitting correction requests and advocating on your behalf.
Understanding the complexities of expunged records and federal access is crucial for those seeking to clear their criminal records. By following the appropriate steps and consulting an experienced attorney, you can improve your chances of successfully expunging your records and reclaiming your reputation.
Do You Need to Talk to an Indiana Expungement and Sealing Attorney?
If you’re ready for a fresh start, we may be able to help. Call us at 317-647-5476 or fill out the form below for a free consultation on expungement. We’re here to answer your questions and get you the fresh start you deserve.
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