FBI BACKGROUND CHECK

[Grahm&Sarah 0]

I just read that an FBI background check will show felonies but not always show if they were expunged. I had a felony years ago (I am the USC) not of violent or sexual nature, and it was also expunged shortly after. Is this a problem for me?

Also, does an FBI background check show credit history or credit score?

Thanks

Grahm&Sarah

[payxibka 10,045]

I just read that an FBI background check will show felonies but not always show if they were expunged. I had a felony years ago (I am the USC) not of violent or sexual nature, and it was also expunged shortly after. Is this a problem for me?

Also, does an FBI background check show credit history or credit score?

Thanks

Grahm&Sarah

why would a criminal background check include your credit score?

On the I-129F some crimes needed to be disclosed regardless of expungment... if it was a disclosable crime and you did not disclose it could be a problem

[Grahm&Sarah 0]

I just read that an FBI background check will show felonies but not always show if they were expunged. I had a felony years ago (I am the USC) not of violent or sexual nature, and it was also expunged shortly after. Is this a problem for me?

Also, does an FBI background check show credit history or credit score?

Thanks

Grahm&Sarah

why would a criminal background check include your credit score?

On the I-129F some crimes needed to be disclosed regardless of expungment... if it was a disclosable crime and you did not disclose it could be a problem

I understand that, no, it was not a disclosable crime. Will it show up on the background check as expunged or just not show up at all? Does anyone know?

[Dakine 26]

I just read that an FBI background check will show felonies but not always show if they were expunged. I had a felony years ago (I am the USC) not of violent or sexual nature, and it was also expunged shortly after. Is this a problem for me?

Also, does an FBI background check show credit history or credit score?

Thanks

Grahm&Sarah

why would a criminal background check include your credit score?

On the I-129F some crimes needed to be disclosed regardless of expungment... if it was a disclosable crime and you did not disclose it could be a problem

I understand that, no, it was not a disclosable crime. Will it show up on the background check as expunged or just not show up at all? Does anyone know?

Bottomline is if you don't report it and they find it. You are in deep da kine!

[pushbrk 12,614]

I just read that an FBI background check will show felonies but not always show if they were expunged. I had a felony years ago (I am the USC) not of violent or sexual nature, and it was also expunged shortly after. Is this a problem for me?

Also, does an FBI background check show credit history or credit score?

Thanks

Grahm&Sarah

why would a criminal background check include your credit score?

On the I-129F some crimes needed to be disclosed regardless of expungment... if it was a disclosable crime and you did not disclose it could be a problem

I understand that, no, it was not a disclosable crime. Will it show up on the background check as expunged or just not show up at all? Does anyone know?

Bottomline is if you don't report it and they find it. You are in deep da kine!

Yes, of course it will show up but even the crimes that must be disclosed are not a justification for denial. You'll be denied if the crimes fall under the Adam Walsh Act. Otherwise you could be a felon on parole and get a family petition approved. It's when the intending immigrant has a criminal record that you need to worry.

[Grahm&Sarah 0]

I just read that an FBI background check will show felonies but not always show if they were expunged. I had a felony years ago (I am the USC) not of violent or sexual nature, and it was also expunged shortly after. Is this a problem for me?

Also, does an FBI background check show credit history or credit score?

Thanks

Grahm&Sarah

why would a criminal background check include your credit score?

On the I-129F some crimes needed to be disclosed regardless of expungment... if it was a disclosable crime and you did not disclose it could be a problem

I understand that, no, it was not a disclosable crime. Will it show up on the background check as expunged or just not show up at all? Does anyone know?

Bottomline is if you don't report it and they find it. You are in deep da kine!

Yes, of course it will show up but even the crimes that must be disclosed are not a justification for denial. You'll be denied if the crimes fall under the Adam Walsh Act. Otherwise you could be a felon on parole and get a family petition approved. It's when the intending immigrant has a criminal record that you need to worry.

Thanks for the response. No, it is not one of those AWA crimes, but may I ask - why expunge a record if it still shows up as a felony? Will they at least see it was an EXPUNGED felony or will it show the same as if it was never expunged at all? :-( Unfair.

Grahm&Sarah

[rebeccajo 14]

I just read that an FBI background check will show felonies but not always show if they were expunged. I had a felony years ago (I am the USC) not of violent or sexual nature, and it was also expunged shortly after. Is this a problem for me?

Also, does an FBI background check show credit history or credit score?

Thanks

Grahm&Sarah

why would a criminal background check include your credit score?

On the I-129F some crimes needed to be disclosed regardless of expungment... if it was a disclosable crime and you did not disclose it could be a problem

I understand that, no, it was not a disclosable crime. Will it show up on the background check as expunged or just not show up at all? Does anyone know?

Bottomline is if you don't report it and they find it. You are in deep da kine!

Yes, of course it will show up but even the crimes that must be disclosed are not a justification for denial. You'll be denied if the crimes fall under the Adam Walsh Act. Otherwise you could be a felon on parole and get a family petition approved. It's when the intending immigrant has a criminal record that you need to worry.

Thanks for the response. No, it is not one of those AWA crimes, but may I ask - why expunge a record if it still shows up as a felony? Will they at least see it was an EXPUNGED felony or will it show the same as if it was never expunged at all? :-( Unfair.

Grahm&Sarah

The answer "Yes of course it will show up" is wrong.

Depends on the crime. If it's Federal it will show up. Otherwise it depends on your state law and reporting practices of local authorities.

[desert_fox 32]

I just read that an FBI background check will show felonies but not always show if they were expunged. I had a felony years ago (I am the USC) not of violent or sexual nature, and it was also expunged shortly after. Is this a problem for me?

Also, does an FBI background check show credit history or credit score?

Thanks

Grahm&Sarah

Exactly what is EXPUNGE??? Who does it??? Is it some kind of legal process that you file for??? I have never heard of it.....only some kind of sealing a record if you commit a crime under age 18 or something.

Otherwise, your arrest will always appear, and conviction. It never goes away and may not appear some day if yoiu are pardoned by the Governor.....otherwise I know of no process called EXPUNGMENT.,

[desert_fox 32]

I just did a GOOGLE and it does exist. I ask because of a good friend of mine was turned down for a job. Now I wonder what it really does, as alol arrests are reported to the FBI....does an EXPUNGEMENT cause the FBI to go back and erase their record??

Seems like it could cost a few bucks and you have to complete the sentence, and not have any new violations and then you can petition the court.

Edited December 25, 2008 by desert_fox

[tallcoolone 102]

The answer "Yes of course it will show up" is wrong.

Depends on the crime. If it's Federal it will show up. Otherwise it depends on your state law and reporting practices of local authorities.

Agreed..........

[pushbrk 12,614]

I just read that an FBI background check will show felonies but not always show if they were expunged. I had a felony years ago (I am the USC) not of violent or sexual nature, and it was also expunged shortly after. Is this a problem for me?

Also, does an FBI background check show credit history or credit score?

Thanks

Grahm&Sarah

why would a criminal background check include your credit score?

On the I-129F some crimes needed to be disclosed regardless of expungment... if it was a disclosable crime and you did not disclose it could be a problem

I understand that, no, it was not a disclosable crime. Will it show up on the background check as expunged or just not show up at all? Does anyone know?

Bottomline is if you don't report it and they find it. You are in deep da kine!

Yes, of course it will show up but even the crimes that must be disclosed are not a justification for denial. You'll be denied if the crimes fall under the Adam Walsh Act. Otherwise you could be a felon on parole and get a family petition approved. It's when the intending immigrant has a criminal record that you need to worry.

Thanks for the response. No, it is not one of those AWA crimes, but may I ask - why expunge a record if it still shows up as a felony? Will they at least see it was an EXPUNGED felony or will it show the same as if it was never expunged at all? :-( Unfair.

Grahm&Sarah

The answer "Yes of course it will show up" is wrong.

Depends on the crime. If it's Federal it will show up. Otherwise it depends on your state law and reporting practices of local authorities.

When picking nits, it's adviseable to examine a complete sentence. I stand by, "Of course it will show up but even the crimes that must be disclosed are not a justification for denial." along with the qualifying second sentence. Arrests and convictions, go into a database that is never hidden from the FBI regardless any "expungement" on a State level. We can disagree until the cows come home but the facts won't change. On what do you base your assertion that the FBI won't see and expunged record?

The key issue here is that for a USC, it just doesn't matter unless the crime falls under the AWA or I suppose, potentially, an act of terrorism, neither of which is going to be expunged anyway.

A credible reference by Expungement Lawyers in New Jersey in support of my assertion can be found here. If you have a contradictory one, please do post it. Otherwise, it's Christmas, so...

http://www.njexpungements.com/faq.php

Q9. Won’t the FBI continue to report my criminal history?

A. The FBI is governed by federal law, not State law. As such, the FBI is not required to honor State court orders to expunge criminal records. However, as a matter of course, the FBI does routinely honor such orders.

Q10. What about other federal agencies?A. Important federal exceptions to the effectiveness of expungement orders are the Department of Homeland Security, including Immigration and Customs Enforcement (ICE). Non-citizens applying for entry into the United States, or seeking naturalization, will likely need to divulge arrests and convictions, even after they have been expunged. The way to best handle such situations involves complicated issues of immigration law. Persons facing such issues should consult with a lawyer who specializes on that subject.

[texphil 0]

The answer "Yes of course it will show up" is wrong.

Depends on the crime. If it's Federal it will show up. Otherwise it depends on your state law and reporting practices of local authorities.

Agreed..........

Agreed also,

I'm in the process now..It comes down to how expunction is defined by state law. You file law suits with ever who has a record of your arrest . Then the county , state , or federal can either completely destroy records or go to court...

[pushbrk 12,614]

The answer "Yes of course it will show up" is wrong.

Depends on the crime. If it's Federal it will show up. Otherwise it depends on your state law and reporting practices of local authorities.

Agreed..........

Agreed also,

I'm in the process now..It comes down to how expunction is defined by state law. You file law suits with ever who has a record of your arrest . Then the county , state , or federal can either completely destroy records or go to court...

Agreement won't change the facts. Also see reference to FBI exceptions quoted in an earlier post, specifically the exception for immigration related background checks. Although it is a New Jersey specific site, the FBI and Immigration exeptions and others noted are valid nationwide.

http://research.lawyers.com/Texas/Criminal...s-in-Texas.html

EXPUNGEMENT

In Texas, under some circumstances, you may be able to have a criminal record expunged, which means that the records are returned to you or destroyed.

You may be eligible for expungement if:

A criminal charge against you has been dismissed, you have been found not guilty, or you have been pardoned; or

Someone used your name or identification when arrested (identity theft); or

You are a juvenile who has completed a deferred sentence; or

You are an underage drinking first offender.

If you are eligible to have your records expunged, you may file a petition in court. A person who has reached age 17 must make a sworn written request to have juvenile records expunged.

In addition, if you have received a discharge and dismissal from deferred adjudication community supervision (an alternative sentencing program in Texas), you may petition the court for a nondisclosure order following dismissal for some misdemeanors, five years after dismissal for other misdemeanors, or 10 years after dismissal for felonies. A nondisclosure order prohibits criminal justice agencies from disclosing criminal history information to the public.

Motor vehicle records cannot be expunged.

[pushbrk 12,614]

The answer "Yes of course it will show up" is wrong.

Depends on the crime. If it's Federal it will show up. Otherwise it depends on your state law and reporting practices of local authorities.

Agreed..........

Agreed also,

I'm in the process now..It comes down to how expunction is defined by state law. You file law suits with ever who has a record of your arrest . Then the county , state , or federal can either completely destroy records or go to court...

Agreement won't change the facts. Also see reference to FBI exceptions quoted in an earlier post, specifically the exception for immigration related background checks. Although it is a New Jersey specific site, the FBI and Immigration exeptions and others noted are valid nationwide.

http://research.lawyers.com/Texas/Criminal...s-in-Texas.html

EXPUNGEMENT

In Texas, under some circumstances, you may be able to have a criminal record expunged, which means that the records are returned to you or destroyed.

You may be eligible for expungement if:

A criminal charge against you has been dismissed, you have been found not guilty, or you have been pardoned; or

Someone used your name or identification when arrested (identity theft); or

You are a juvenile who has completed a deferred sentence; or

You are an underage drinking first offender.

If you are eligible to have your records expunged, you may file a petition in court. A person who has reached age 17 must make a sworn written request to have juvenile records expunged.

In addition, if you have received a discharge and dismissal from deferred adjudication community supervision (an alternative sentencing program in Texas), you may petition the court for a nondisclosure order following dismissal for some misdemeanors, five years after dismissal for other misdemeanors, or 10 years after dismissal for felonies. A nondisclosure order prohibits criminal justice agencies from disclosing criminal history information to the public.

Motor vehicle records cannot be expunged.

Murthy.com is pretty authoritative on immigration issues and is not State specific.

http://www.murthy.com/news/n_convic.html

It is a very common misconception that an expungement, or sealing of one's criminal record, will result in a clean record. In fact, if one has ever been arrested / charged / cited / convicted, s/he will have to reveal this fact whenever any immigration forms are filled out and/or any immigration benefits are sought. This will hold true even if the conviction is expunged, sealed, or otherwise deleted from the individual's criminal record. The fact that one's record has been expunged does not erase the arrest or conviction for immigration purposes, except in very limited exceptions. The record still exists and is accessible to law enforcement officials and as part of background checks. It is simply no longer a public record available to everyone.

©MurthyDotCom

A criminal record that has been expunged makes it more difficult for a defendant and for the USCIS to verify the disposition information. Because of this, it is a good idea to obtain several certified copies of the disposition information prior to the expungement. Some individuals choose to wait until they are U.S. citizens before completing the expungement process, if the particular charge will not create problems with employment or other matters.

[texphil 0]

That post from attorney"s website is not beleivable ..The second sentence says "In fact, if one has ever been arrested / charged / cited / convicted, s/he will have to reveal this fact whenever any immigration forms are filled out and/or any immigration benefits are sought" Is this a true statement ?