[rlrl2010]

My question involves a background check in the State of: All States

Fr Chuck I know you have experience with this


Hi. I was charged with a class B Misdemeanor in NY in 1996, but pled guilty to a violation which is a non criminal offense in NY

After a year the case was sealed via NY State CPL 160.55 which seals the fingerprint record, DA records, police records in NY, leaving the records unsealed only to law enforcement in the event of a pistol permit or subsequent arrest

Sealing 160.55 also forwards an expungement order to the FBI requesting destroyal of any information pertaining to the arrest

After many years of wondering, I ran my prints through the FBI 2 years ago and the results were "no arrest record".

I have heard that even if an FBI record is expunged, it can still be found. I have heard 2 versions more or less

The first is that the FBI/NCIC will always have the details of an arrest, just that they will not release it due to it's expunged status to anyone unless it's for a security clearance

The second is that the FBI will have a copy of your prints in their files with your SS#, DOB and name, but all info about the arrest will be removed, and it will be a mystery as to what happened

NY State tells me anything sealed will not be released to any govt agencies

I'm confused, if you are say going for a pistol permit in a state other than the one you were arrested in, can the checking state get into the arresting state's files, or do they use FBI? And if FBI/NCIC sees your prints on file with no other info, are you obligated to tell them what happened?

Thanks for reading--RLRL

[twinkiedooter]

My question involves a background check in the State of: All States

Fr Chuck I know you have experience with this


Hi. i was charged with a class B Misdemeanor in NY in 1996, but pled guilty to a violation which is a non criminal offense in NY

After a year the case was sealed via NY State CPL 160.55 which seals the fingerprint record, DA records, police records in NY, leaving the records unsealed only to law enforcement in the event of a pistol permit or subsequent arrest

Sealing 160.55 also forwards an expungement order to the FBI requesting destroyal of any information pertaining to the arrest

After many years of wondering, i ran my prints thru the FBI 2 years ago and the results were "no arrest record".

I have heard that even if an FBI record is expunged, it can still be found. I have heard 2 versions more or less

The first is that the FBI/NCIC will always have the details of an arrest, just that they will not release it due to it's expunged status to anyone unless it's for a security clearance

the second is that the FBI will have a copy of your prints in their files with your SS#, DOB and name, but all info about the arrest will be removed, and it will be a mystery as to what happened

NY State tells me anything sealed will not be released to any govt agencies

I'm confused, if you are say going for a pistol permit in a state other than the one you were arrested in, can the checking state get into the arresting state's files, or do they use FBI? And if FBI/NCIC sees your prints on file with no other info, are you obligated to tell them what happened?

Thanks for reading--RLRL

If you are wanting to get a gun permit the answer is NO, your previous conviction won't matter as it was NOT a felony conviction. Misdemeanors don't count when it comes to getting gun permits in any state. There is a big difference in a misdemeanor and a felony.

[excon]

the second is that the FBI will have a copy of your prints in their files with your SS#, DOB and name, but all info about the arrest will be removed, and it will be a mystery as to what happened

Hello r:

If you believe the feds are going to destroy their records because some little piddly state TOLD them to, I have a bridge to sell you. Hell, the FBI doesn't even DO what the federal government tells it to.

excon

[JudyKayTee]

NY State is lying to you - I'm in NY. I was in law enforcement. Now I'm a liability investigator.

NY is lying.