Will I have a clean record

[Jim68]

What is the name of your state? PA


I had a misdimeanor arrest record 5 years ago, I was found non-guilty. The arrest record was expunged 4 years ago. If I do Fingerprinting in FBI office in future, will I have a clean record?

Thanks for your help!

Jim

 

[kat1963]

Jim, it is the FBI, you record will not be sealed to them. Depending on the security clearance, what the conviction was for, you might not be disqualified however. I’ve seen 10 year old bankruptcy disapproved but single misdemeanor records approved for Top Secret clearances.
Opps, you were not convicted, but what where you arrest for?
KAT

edit for: oops!

 

[Crazyhorse]

you can actually have a court adjudicate you as NOT GUILTY... this will basically have the effect of saying the charge never happened. however, courts are very unlikely to do this unless you can really meet the burden by PROVING that you're not guilty.

otherwise it sits there... law enforcement doing a background check can see it... the bar association claims they can see it too...

edit I have an acquaintance who is in Federal law enforcement with a secret clearance who has several convictions... two for DUI and one for possession. he was up-front with them about it and amazingly they hired him. the key is to be really up-front... if it was a misdemeanor... it is very likely to be a non-factor. if you lie and they find out about it... there is a 0% chance of you getting hired.

 

[hexeliebe]

Since you're new here and since you should take Crazy's advice and NEVER Lie (because not only can law enforcement find out but actually so can I) here's my story.

In my pre-employment interview I was asked by an agent of the U.S. if I had ever taken any illegal drugs.

My answer: "Of course I have. A little cocaine, a lot of good Tai Sticks and marijuana and some speed in college"

The interviewer, after chocking back his laughter, just shook his head and continued with the interview. A month later I got the job.

By the way, the position was as a Legal/Security analyst for the NSA assigned to NATO in Germany.

Now, you decide what you should do.

 

[Jim68]

Thanks for your responses!

My ex-attorney who expunged my misdemeanor case, also he helped me to be found non-guilty told me that it's wise to go ahead with "No" as to " have you ever been arrested, convicted--" question for my job hunting. My attorney said both police bureau and FBI expunged it, but only county office kept this record.

Is it true?

 

[JETX]

Actually, ALL the responses you got were incorrect.

Your question:
"If I do Fingerprinting in FBI office in future, will I have a clean record? "
*** Correct Answer: No.
This involves two separate issues.

Your expungment only removes the CONVICTION from your record. It does not remove the actual fact of the arrest and charge. In most states, that is a separate process called 'sealing the records'. And even if they are sealed, authorized persons (law enforcement) can still access them if needed.

PA Statute on expungement (§ 9122) can be found at:
http://members.aol.com/StatutesP9/18.Cp.91C.html

 

[JETX]

"My ex-attorney who expunged my misdemeanor case, also he helped me to be found non-guilty told me that it's wise to go ahead with "No" as to " have you ever been arrested, convicted--" question for my job hunting."
*** And that response could get you fired. You have to be very careful with this.

If your question asks have you ever been convicted, the correct answer (after expungement) would be no.
However, if they ask "have you ever been arrested?", your answer should be yes. And at this point, your arrest and charge are likely still 'available' as noted in my earlier post.

 

[Jim68]

I asked my attorney again last week as to the question. He told me in email that " the legal answer is NO".

How do you think about it?

Thank you for your inputs!

 

[Ramoth]

JetX is correct, and your lawyer is wrong. If your record has been expunged, then the correct answer to "Have you ever been convicted" is NO. Regardless, the correct answer to "Have you ever been arrested" is YES, because you have been arrested. Keep in mind, very few employers ask about arrests because it can be seen as discriminatory, but if you answer NO, and they find out otherwise, the employer has every right to terminate you on the spot.