Thank you for visiting Lampman Law. If you think that a past arrest record is keeping you from gaining your desired employment of from reaching your full potential, please call Lampman Law at 570-371-3737 to personally discuss your eligibility for an expungement with an experienced criminal defense attorney.
This article discusses how to resolve the problem when an expunged record is not removed from the FBI’s records. If you have any questions after reading this or if you want to move forward with filing an expungement petition, please call us.
Normally, when a state court expunges a conviction, it is also removed from your FBI background check. However, in some instances, the FBI does not remove the expunged state conviction from its background check. Here, it is important to understand that the state court does not have the power to order the FBI to expunge the record since the FBI is a federal agency.
However, there are ways to challenge the record on your FBI background check.
First, you can challenge the information through the Pennsylvania State Police, Operational Records Division, Bureau of Records and Identification. The Pennsylvania State Police can submit updated information to the FBI that would remove the expunged state record from the FBI background check.
Second, you can challenge the information directly with the FBI electronically. The FBI will then consider the challenge and decide whether to remove the expunged record from your background check.
Third, you can send a written challenge to the FBI. If you submit a written challenge, the FBI will again review the challenge and attempt to verify the information before deciding whether to remove the challenged information from your FBI background check.
The FBI does have wide discretion when deciding what to remove from your background check. Therefore, it is important to make sure your challenge is very detailed and complete so that the FBI has all the information necessary to agree with your challenge.
Thanks again for visiting Lampman Law. Please call us at 570-371-3737 if you would like to discuss expunging a record. The call is free of charge and without pressure. We hope to hear from you today. We can help you make sure that your challenge to the FBI record is detailed and complete to ensure the best chances of success.