Hi Folks,
I'm hoping that someone here can help me with some info that I can't seem to find elsewhere.
I have been arrested three times in Illinois. I can have all three cases expunged, which I will, but one of the cases still worry me.
I was arrested for solicitation of prostitution a few years ago. When I went to court for it I managed to plead to disorderly conduct instead and got six months court supervision, so it's not technically a conviction. I now live a completely different life but this arrest/charge (?) is now becoming a problem as me and my husband for several reasons really want to become foster parents and also possibly adopt out of foster care. In Illinois there are a few crimes that will automatically exclude you from becoming a faster parent and prostitution is one of them.
So my question is, if I have this expunged can the DCFS or the Department of Human Services still get access to expunged info? I know that law enforcement still have access to it, but does government agencies like these have access?

Also, the Illinois regulations on foster care/adoption bans anyone convicted of prostitution. Since I wasn't convicted of that but got court supervision for disorderly conduct can the DCFS still deny me a foster care license?

Any advice or insight would be greatly appreciated.
Thank you,

Rocktosh

I would be inclined to visit a lawyer and obtain a professional opinion. Is there a "Legal Aid" service centre locally that may be able to advise you?

I would imagine (not living in the USA) that part of the procedure for prospective parents would be a background check, which would include police records, health and social security records and maybe even medical records.

I wish you all the luck. It sounds as though your heart is in the right place.

Quote:

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Originally Posted by rocktosh

this arrest/charge (?) is now becoming a problem

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Do you mean, instead, that you worry that it might become a problem?

I think that you should not worry, since
1. it was expunged, and
2. it was not a conviction for prostitution.

Go through the normal foster care route and see what comes up... being sure to have confirming records handy to show (confirming that you were not convicted) if needed.

... just my thought on it...

Hello,

All of your records are on a report called a NCIC report. Each state normally has it s own record system also under various names.

The NCIC report will show to the police any arrest where you have been booked, charged officially and fingerprinted. These fingerprint records are sent to the FBI for a national data base.

The report will have on it, any arrest( as listed above) any conviction, all probation and/or parole records. *** it will also show your name, any other names used, any tattoos known and other identification marks.
And if the conviction has been explunged, it will note that.

For employors it will only show convictions that are not explunged.It does not show any arrests not convicted, and other matters.
Only law enforcement officers, court officers, and people doing a job background for a position needing a national security clearnance ( many private companies require this for working for the government)

I do not believe your explunged records will show up on their background check but something will show it, your fingerprints will have a FBI number attached to them, even if it shows no other record. Thus a smart person, seeing a FBI number attached to a background check could wonder why you have a file with the FBI. Now if you were fingerprinted for a law enforcement job, or a national secuirty agency search, or for the military, you would also have a file on record, which would explain this.

But if you had not been in military, don't have any jobs in law enforcement, a smart person will wonder why you have a file

Just a note.

But if you are looking into this, I would consult an attorney in your state.
Since your state services may have access to NCIC that they run theirself.
Some state agencies are allowed, for example the clerks in our county court house where they issue licence plantes have NCIC in their office.

Expungment basically means it is erased completely from your file. The info is destroyed. At least that is how it is in Tennessee. However, one warning, even if you are told that it has been expunged, you have to go to the courthouse itself and make sure it has been taken out of the computer. Just because they do it on paper does not mean it has been done in the computer. If it shows up in the computer then they have not completed the process.

I deal with NICS on a daily basis and we have many people who have had records expunged that still show up on a background check. We recommend going to the courthouse and making sure it is done through all proper channels.

Getting your criminal record expunged is easier said than done. I don't know if it will show up, if you are lucky enough to have it done. This is something everyone convicted of a crime wants, but it's not likely to happen. In WV, even if you plead to a lesser offense, when someone obtains a NCIC/ IIICIB it will still have the original charge and what you plead to.

Nothing Is Actually Expunged From Your Records It Is Just Placed Where The Few Can Open It... to Opened An Sealed/expunged Record A Judge Will Have To Give Permission And The Reasoning Must Be Of The Utmost Importance... for Instance A Highly Sensitive Government Job... And Yes If Your Were Convicted Of An Deviate Act Or Actions... your Adoption will not go Through... Disorderly Conduct Is Not A Reason For Denial Of A Petition For Adoption... not A Severe Situation... it Will Be Considered if other issues has come to their concern... bad tempers will stop an adoption for fear the child will be abuse...

The government agencies that has access to your records will be the secret service and the FBI and the CIA and Home Land Security and ICE and DEA and NSA