[elizaday]

If there is an arrest for Theft by Taking, but no conviction, does one need to get the record expunged?

If the record is expunged, wiil the information that is pulled up by fingerprinting for adoption look any different than if it was not expunged?

Is it assumed that if a fingerprint number comes up next to fingerprints, that there is a criminal background?

How can one completely rid themselves of a false arrest in order to adopt?

Thanks, E

[excon]

Hello E:

In a nutshell, you can't. Once your fingerprints are in the FBI database (and one set went there), they're there forever.

An arrest record can not be expunged, but a simple arrest without a conviction, probably won't show up on a criminal background check.

I don't know about any fingerprint number.

excon

[elizaday]

How can you tell what will show up on your FBI fingerprint record? Can you request this test? I know that if you apply to INS(CIS), they require you to get your prints taken and checked. Is there a way to do this before applying to INS so you know what your are up against?

E again

[Fr_Chuck]

Ok, nothing shows up on the fingerprint record except who you are.
The color of the fingerprint card is different for arrest over civil. But that info would not be given out. They run your fingerprint to be sure you are who you say you are.

Then they run your name though the NCIC computer to see if you have been convicted of any crimes. The NCIC report will show to police department and national security any arrests where the case was dismissed or you were found not guilty. Remember an arrest is nothing, people are arrested all the time, and then let go or found not guilty, it is when you are found guilty the issues happen.

[rlrl]

In '96 I was charged with a class B misdemeanor but pled guilty to a violation, a non-criminal, non-fingerprintable offese in NY. After a year NY issued a "partial seal" which removed the fingerprints from NY state and FBI, although the court record remained unsealed due to the guilty plea.

Fr Chuck, even though I was convicted, NY sealing law 160.55 permits expungement of the FBI record.I have a letter from NY state DCJS telling me that NY sent notification to the FBI reqiesting expungement of the fingerprints from their files

Now, would I have an FBI record if applying for a job or license, or would it only show up on a law enforcement check?

[excon]

I have a letter from NY state DCJS telling me that NY sent notification to the FBI reqiesting expungement of the fingerprints from their files

Hello rl:

You presume that the feds DO what the state asks... I wouldn't make that presumption.

excon

[rlrl]

The FBI website that has to do with the public obtaining copies of their FBI rap sheets says that any information on rap sheets is not there because of the FBI initiating it but because a state sent it to them and didn't tell them to expunge the record

I have called the FBI ID unit several times and they tell me that if a state tells them to expunge a record they do it and they claim it's totally expunged with no trace of it left

What's in it for the FBI to retain a record that was supposed to be expunged? To induce the subject to pay them $18 to check their prints? Or some other reason? I understand there is no Federal law telling to expunge it but isn't it a given that if they receive an expungement order, they comply? They have a challenge process whereby if a record is there that was supposed to be expunged, you have the state send them the sealing order and get a court disposition telling them to expunge it

Does the FBI have to retain a disorderly conduct conviction that is not even a fingerprintable offense in that state? I thought they only retain serious misds and felonies