• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Expunged Records used in Security Clearances

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.


Junior Member
What is the name of your state?What is the name of your state? Ohio

Due to my application for a part time position which
is regulated by the federal government, I am required to
complete the standard form 85P (Questionnaire for
Public Trust Positions).

In section 20 of this form it asks "in the last 7
years, have you been arrested for, charged with or
convicted of any offense". Would this include a
misdemeanor conviction which occurred over 20 years
ago and has since been expunged?

I note that the release I am required to sign on page
8 of the government questionnaire authorizes any investigator to obtain all records
(including "criminal history record information")
"regardless to any previous agreement to the
contrary", however under the US Code Title 5, chapter
91 Access to Criminal History Records for National
Security Purposes, Sec. 9101, the term "criminal
history record information" does not include those
records of a State or locality sealed pursuant to law
from access by State and local criminal justice
agencies of that State or locality".

In this case, could an old expunged misdemeanor conviction be
discovered or used against me in this application?

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential