[LadyG4905]

I was arrested 8 years ago for a physical altercation with my husband. He never wanted to press charges so the case was thrown out of court and supposedly my record expunged. (I was never convicted on anything, but I was arrested and fingerprinted).

8 years later I am required to do a FBI fingerprint check for employment. Will this arrest keep me from obtaining a Level 1 Fingerprint clearance? My employers have already withdrew their offer of employment until I am ableto obtain this clearance (I had to be honest about any and all arrests I've ever had).

I'm devastated. That was my first and only incident involving the police. I was never convicted yet my past has come back to haunt me. Please help!

[smoothy]

I was arrested 8 years ago for a physical altercation with my husband. He never wanted to press charges so the case was thrown out of court and supposedly my record expunged. (I was never convicted on anything, but I was arrested and fingerprinted).

8 years later I am required to do a FBI fingerprint check for employment. Will this arrest keep me from obtaining a Level 1 Fingerprint clearance? My employers have already withdrew their offer of employment until I am ableto obtain this clearance (I had to be honest about any and all arrests I've ever had).

I'm devestated. That was my first and only incident involving the police. I was never convicted yet my past has come back to haunt me. Please help!

Not sure what a level 1 check covers... but once convicted.. its ALWAYS there... and visible to the right people. That's how they know if you do it again and again and again... that way you only get the first time slap on the wrist only once.

And the FBI will see it. SO will the courts... but the local PD might not. Look at expungement as a like security guard at a nightclub that picks and chooses who gets in. Rather than leaving the doors open to everyone.

Its more about being honest... or dishonest... you are far more likely to get a pass on something minor that happened a long time ago if you were honest... but lie about something even minor and get caught and it automatically disqualifies you.

[Fr_Chuck]

Ok, correction on a lot of wrong information

1. Fingerprint checks, a fingerprint check merely checks your ID. It runs records and checks to see if anyone with those prints were ever printed before and under what names.

2. Then they run those names for a Criminal background check. The Criminal back ground check is what shows up criminal history.

3. Arrests where charges are dropped can not be expunged since there is nothing to expunge. Only convictions can be explunged.

The police and national security background searches can see arrests where the charges are dropped.

So if you were convicted ( not charges dropped) then it could be expunged.

And with that said, being expunged does not actually delete them, it is only marked expunged so when the person running the report prints it out, the sealed parts are not given out unless it is at a level required.

[LadyG4905]

Thanks--I was definitely never convicted. I was young and didn't really understand the process and swore my court appointed attorney said the charges were expunged. But since you have to be convicted to be expunged, then that would not apply to me. I know for a FACT that the charges were dropped since the father of my child refused to press charges and did not show up in court. The judge dropped the case (and charges). Since that time I've had numerous criminal background checks--all come back clean. I assume they come back clean since I was never convicted.

This job is different. It's working with the Arizona Child Protective Services devision. I need a higher clearance (they call it level 1) so I can work with children. It reguires I submit my fingerprints. I've researched the qualifications for the clearance and it only mentions about those who have been convicted or are pending trial. It doesn't mention arrest. Yet, the application asks that you explain any arrest and/or convictions. So that made me worry that maybe this clearance would bring up my arrest.

I guess I will have to wait to see if I get the clearance... it's going to be a looooong 6-8 weeks.

Ok, correction on a lot of wrong information

1. Fingerprint checks, a fingerprint check merely checks your ID. It runs records and checks to see if anyone with those prints were ever printed before and under what names.

2. Then they run those names for a Criminal background check. The Criminal back ground check is what shows up criminal history.

3. Arrests where charges are dropped can not be expunged since there is nothing to expunge. Only convictions can be explunged.

The police and national security background searches can see arrests where the charges are dropped.

So if you were convicted ( not charges dropped) then it could be expunged.

And with that said, being expunged does not actually delete them, it is only marked expunged so when the person runing the report prints it out, the sealed parts are not given out unless it is at a level required.

[Fr_Chuck]

Also a note, a person does not and can not "drop" charges, only the DA can drop charges,
The person may not want to have charges pressed, the person may refuse to testify in court ( or say they will not) But today in domestic cases, the one party is ordered to testify or be held in contempt.

So the case may have been dropped by the DA but the other person could not do the dropping

Also many people are arrested who are not guilty, so just a arrest is not suppose to show up at this level and not suppose to hurt.

On the application if they just ask were you ever convicted, then that is all it searches. If you are asked, were you ever arrested, ( some higher level positions in government will ask that)

[mlindsay]

Even if you are not convicted and the charges are dropped and/or dismissed you will still need to have the record expunged. Different states have different laws and requirements for this to happen. For example, if you live in North Carolina and have been charged, arrested, or incarcerated and have not had a record expunged before and the charges were dismissed or dropped you can have the record "deleted" at no charge by going to the County authority that brought the charges and filing the necessary paperwork.

[JudyKayTee]

"Even if you are not convicted and the charges are dropped and/or dismissed you will still need to have the record expunged. Different states have different laws and requirements for this to happen. For example, if you live in North Carolina and have been charged, arrested, or incarcerated and have not had a record expunged before and the charges were dismissed or dropped you can have the record "deleted" at no charge by going to the County authority that brought the charges and filing the necessary paperwork."

There are a couple of things wrong here - for starters the charge will be available on certain background checks, expungement papers filed or not.