[rlrl2010]

Recently I received my FBI background results with a "no arrest record" notation so I assume my expungement was done in accordance with NY State CPL 160.55 (destruction of fingerprints upon conviction for a non-criminal offense)

However I had a question for Judy K Tee

You had seemed to mention that the US PO will still see an expunged FBI record, and last summer I remember you had mentioned in a post to me that NY State never really seals/suppresses info like they are supposed to

But when I called the FBI criminal ID section customer service in W Va they told me once your FBI record is expunged it's gone forever, they claim it will not show up for anything since they followed the expungement request from the state to the letter

Others tell me an FBI check might show a pair of fingerprints in the system with your name and SSN, but all info pertaining to the arrest is removed

Do you know how this works?

So say if I wanted to visit Canada and they check my US FBI record, what might it show?

[Fr_Chuck]

Your fingerprints are always on file, in the NCIC data base, There are two main data bases a NCIC data base and a new national security data base ( created after 911)

Finger print cards do not say if you are guilty of any crime, they merely show who you are for future ID. Fingerprints do not have a record attached to them, merely an ID of who you are.

There are then separate records that show your name and any other names used, and if you have been convicted of any crimes.

Now if you are police or any national security interest it will show that you had a conviction that was explunged.

Anyone doing any background search for any private company it will not show any record.

Please understand, that they can not just erase all info, all of the data of your court hearngs, all of the data of the transcripts from your court case have to always exist if there is a law suit about them.

Next if this info ever got into any private search company and there are 100s if not 1000s of them that info is always available and does not have to be explunged since it was not official government records.

I have ran 1000's of NCIC reports and will always see explunged records.

[rlrl2010]

Thanks for the info Fr Chuck. Another thing I want to ask you since you are in Ga

You once mentioned that in Ga generally only professions like RealEstate they ask for more than just the court disposition, they also ask for the criminal complaint/accusation, letters of rehab from people who know you, evidence of rehab

I am considering a move from NY to Ga and would like to apply for a Social Work license. They only ask for a court disposition

15 years ago I was charged with a misdemeanor but I pled to a violation which is a non criminal offense in NY

Since the offense was only a violation here in NY, no action was taken against me

The licensing agency in Ga asks if you were ever charged with a crime and if so they say to send them a court disposition

On my court disposition it lists the original charge I pled guilty to and in big block letters it also indicates that the case has been sealed

Would the sealed notation indicate to the Ga licensing board that the record is not serious?

Also both the charges I was arrested on and the one I pled guilty to are more serious in Ga

The disorderly conduct conviction charge is a misdemeanor in Ga and carries a potential jail sentence of up to a year

In NY the same DC conviction is only a violation and carries a max of only 15 days

So I wonder how Ga will view this DC conviction I have

Is there any bureau in Ga I can call to find answers to these questions? I called Atlanta Legal Aid but they referred me to the bar association which charges a $35 fee

[Fr_Chuck]

I did more work at the Federal Level and not with license departments in GA, except to get my own professional license. But I believe that first they will ask you to supply and provide them the details And the release for information you ask for will provide them all the details they need. The seal could be for many crimes, depending.

Atlanta Legal Aid is basically attorneys and para legals that do work for homeless and low income working with divorces, and bankruptcy and law suits. I doubt that their attorneys would even know the answer.

But the

[rlrl2010]

There is a statement on the application about consenting to info from law enforcement agencies

Would they first check the GCIC in Ga? My record is in NY and the FBI record was expunged. The only place they could get the info from would be the NY State office of Court Administration which charges $65 to get the record, and even then they won't receive it because they no longer report violations on background checks

But I guess they can call the court give them my docket # which is on the disposition I supply them with and they could get the details that way?

[Fr_Chuck]

AS for as I know, GCIC is merely Georgia name for NCIC and when it is ran it runs all states. ** I never actually entered one, but just called in my searches, and all of my GCIC showed warrants in any other state.

And the NCIC records will show the charge, the sentence and if explunged or sealed will note that also. Please understand that first it is not FBI but anyway, the national data base is never erased, it is merely noted on the file that it is sealed. But if you sign for it to be released they will release it

And if there are additional charges ( I doubt there will be) they will merely write you and require you to supply all of the documents they need, and you will have to pay for them to be sent.

[rlrl2010]

Are they allowed to focus more on the original charge as opposed to the outcome of the case (the original misd arrest as opposed to the violation conviction)?

If they get access to the original complaint(which I was not convicted of because I pled guilty to a lesser one) could that mean I still committed the original charge?

This is where Ga gets really draconian

In NY licensing agencies are not allowed to ask about arrests, only convictions for misds and fel's

[Fr_Chuck]

Many agencies ( at least at fed level) all ask about any arrests. Even if found not guilty. It is a way of getting all the dirt out in the open so there is no chance of someone trying to blackmail someone. Heck when I did my background with the Feds, they honestly found and questioned me on some of the pick up lines I used in college to pick up girls.

But they will go on the charge that you agreed to, and was convicted of. Not what they first started with.