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mrgarons · Mar 17, 2009, 04:22 PM

In 2002 I was "convicted" of a fifth degree felony for aggravated drug abuse. I was a juvenile at the time and have since had my records expunged. I am now applying for a bank job that requires FBI fingerprint checks. I did have my fingerprints sent to the FBI right before my trial all those years ago, and my expungement was approved over a year ago. I was wondering if my case will still somehow be mentioned by the FBI. Thanks for all of your help!

mrgarons · Mar 17, 2009, 04:28 PM

Also I would love to hear a response from FR_Chuck, I have read your posts on this topic in other discussions and would like your input on my situation, thank you for your time.

mrgarons · Mar 17, 2009, 04:37 PM

It was in Ohio.

Fr_Chuck · Mar 17, 2009, 04:42 PM

Ok, correction in terms,

A FBI fingerprint check merely proves your identity. At the same time they do this fingerprint check, they also run a criminal history on you. The criminal history is not a fingerprint check, the fingerprint check merely shows if you were ever fingerprinted under any other names.

Next was this crime, sentenced as a juv, in juv court, not city or county or adult court, but juv court.

If it was in Juv court, they do not show up on any criminal background search, that is sealed.

If you were charged as a adult ( even if a juv) ** and this is not uncommon*** but it was explunged, it will not show up on just a employment search. It would show up in a national security search or for a police job.

mrgarons · Mar 17, 2009, 05:16 PM

Thanks FR_Chuck! Yeah this seems very correct. They already did a background check through Acxiom information security services, and now that I am three days into working there already they scanned my fingerprints, I thought this was odd. I got scarred mostly because years ago when I tried to join the navy the fingerprints showed my felony after they did a local background check that turned up nothing. I am guessing that this is due to the national security laws. Also I don't think that my expungement went through yet at that time. Thank you for your time.

mrgarons · Mar 17, 2009, 05:19 PM

OK, so after re-reading your post 50 times I still have a dumb question. The FBI has my fingerprints, and they are tied to my crime. When an employer sends them my prints they will not release the criminal information, they will just verify my identity?

Fr_Chuck · Mar 17, 2009, 05:39 PM

No, the finger prints is not "tied" to anything, in the fingerprint file, on the actual paper prints, they are on on the criminal card, but most prints on file are not criminal, the FBI fingerprint check merely proves you have never used or been fingerprinted as anyone else. My son for example one time when he was arrested ( dumb kid) said he had no ID and used a fake name, so when he was arrested and fingerprinted it was using a different name ( this is common among criminals) So on a FBI fingerprint check, they make sure you never used any other name.

Then they can run all of those names on a criminal history report.

A few years ago, they used a certain color fingerprint card for criminal and another one for other sue. But today there is not even a phsicaly card used in most places, it is all done electronicly.

I have for example been fingerprinted 3 times this year alone for various reasons.

mrgarons · Mar 17, 2009, 05:45 PM

Do the FBI give out criminal histories to employers? Also to clarify I was charged as Juv and it was expunged a year ago. You have been so helpful thank you.

mrgarons · Mar 17, 2009, 05:47 PM

What I am getting is that they already did a background check on me, and they are now verifying that the person they did the check on was in fact me, through an FBI verification.

Fr_Chuck · Mar 17, 2009, 06:40 PM

Yes, the fingerprint check merely proves who you are ( if you were ever fingerprinted before) for example I guess I have been fingerprinted 40 times of more.

There is a NCIC national data base criminal history check which is basically the police check, they would get from a local police station or though a background search system. With those you can be sure that an explunged record will not show up.

The trouble is there are 100's of private search companies, that not only use NCIC reports, but also they pull computer search records, public files, court records, some can even do personal investigations depending on how much the client is paying.

And the issue is that some of the private companies can find sealed records from computer data released before things were sealed. That is the issue with some private search companies, even sealing a record may not have it hid.

But on official back ground checks though the police a sealed record stays sealed.

All Juv records are always sealed when you turn 17 or 18 ( depending on state) and there are even laws about the release of information about Juv

surfinjosh · Jun 22, 2012, 06:18 PM

What was the outcome? Similar situation