Starting a general thread on these topics.
This is the summary of my research on misdemeanor charges, background checks, fingerprints, and expungements.
1. FBI/BCI FINGERPRINT CHECKS - This is the first type of background check and theoretically the most thorough. However, only convictions in which the individual was fingerprinted show up on their checks (confirmed by contacting the FBI and the state-level Bureau of Criminal Investigation (in Ohio) directly). If you received a summon but were never technically arrested or fingerprinted, your misdemeanor conviction will NOT show up on these checks. You know you are getting an FBI/BCI check if you are getting fingerprinted. Many national companies will perform these fingerprints to send to the government agencies, and you can easily check your own record by going to a local office or contacting the FBI/BCI directly. Expunged records MAY appear on these checks if the background check is requested for specific reasons such as medical licensing, government employment, etc.
2. PRIVATE BACKGROUND CHECKS - Many organizations still use private companies to do their background checks and may use this in combination with an FBI/BCI check. Typically, these will search for court records in every county you have ever resided or have an official record in. They assume most crimes committed occur where one lives/works/plays. These usually will NOT show misdemeanors committed in counties in which you have never lived or worked but will show misdemeanors for which you were not fingerprinted. These will NEVER show expunged records, but they sometimes harbor old data, so it is best to disseminate your expungement to all these companies, especially to ones you know will be checking your background in the near future. You know you are getting a private background check when the application asks you to list the addresses at which you have resided for the past 5 or 10 years.
3. EXPUNGEMENT - This is the best option after you have already been convicted and plead guilty / no-contest to a crime. Depending on the state, you are allowed to expunge up to 1 felony and 1 misdemeanor or up to 2 misdemeanors! There is usually at least a 1 year wait time after misdemeanor convictions to get this done. This takes the records off the court website, hides it from all private background check companies, and hides it from most FBI/BCI fingerprint checks unless you are getting your check for a few excluded reasons. You may answer no to all questions asking about prior convictions unless it is a licensing application or it specifically asks to include expunged records.
4. PRE-TRIAL DIVERSION PROGRAM - While the availability and specifics vary by state, this is the best option if you are charged with a first-time crime. You are essentially put on probation for a year and then the charges are dropped. It is as if your crime never occurred, and you may answer no to any questions asking about prior convictions or guilty pleadings. If you are convicted of a crime, always CONTACT an attorney for a free consultation immediately. Many charges are also easily fought and dropped in court with an attorney. Find attorneys by searching in google or checking avvo.com or lawyers.com.
5. STATE-BY-STATE LAWS - Expungement, diversion programs, and limits on how many years a background check may report vary by each state. The above research is for Ohio. The best thing to do is contact your state bureau of criminal investigation and speak to them directly and also to contact a lawyer for free advice. I am not a lawyer and have no affiliation with any law firms.
This is the summary of my research on misdemeanor charges, background checks, fingerprints, and expungements.
1. FBI/BCI FINGERPRINT CHECKS - This is the first type of background check and theoretically the most thorough. However, only convictions in which the individual was fingerprinted show up on their checks (confirmed by contacting the FBI and the state-level Bureau of Criminal Investigation (in Ohio) directly). If you received a summon but were never technically arrested or fingerprinted, your misdemeanor conviction will NOT show up on these checks. You know you are getting an FBI/BCI check if you are getting fingerprinted. Many national companies will perform these fingerprints to send to the government agencies, and you can easily check your own record by going to a local office or contacting the FBI/BCI directly. Expunged records MAY appear on these checks if the background check is requested for specific reasons such as medical licensing, government employment, etc.
2. PRIVATE BACKGROUND CHECKS - Many organizations still use private companies to do their background checks and may use this in combination with an FBI/BCI check. Typically, these will search for court records in every county you have ever resided or have an official record in. They assume most crimes committed occur where one lives/works/plays. These usually will NOT show misdemeanors committed in counties in which you have never lived or worked but will show misdemeanors for which you were not fingerprinted. These will NEVER show expunged records, but they sometimes harbor old data, so it is best to disseminate your expungement to all these companies, especially to ones you know will be checking your background in the near future. You know you are getting a private background check when the application asks you to list the addresses at which you have resided for the past 5 or 10 years.
3. EXPUNGEMENT - This is the best option after you have already been convicted and plead guilty / no-contest to a crime. Depending on the state, you are allowed to expunge up to 1 felony and 1 misdemeanor or up to 2 misdemeanors! There is usually at least a 1 year wait time after misdemeanor convictions to get this done. This takes the records off the court website, hides it from all private background check companies, and hides it from most FBI/BCI fingerprint checks unless you are getting your check for a few excluded reasons. You may answer no to all questions asking about prior convictions unless it is a licensing application or it specifically asks to include expunged records.
4. PRE-TRIAL DIVERSION PROGRAM - While the availability and specifics vary by state, this is the best option if you are charged with a first-time crime. You are essentially put on probation for a year and then the charges are dropped. It is as if your crime never occurred, and you may answer no to any questions asking about prior convictions or guilty pleadings. If you are convicted of a crime, always CONTACT an attorney for a free consultation immediately. Many charges are also easily fought and dropped in court with an attorney. Find attorneys by searching in google or checking avvo.com or lawyers.com.
5. STATE-BY-STATE LAWS - Expungement, diversion programs, and limits on how many years a background check may report vary by each state. The above research is for Ohio. The best thing to do is contact your state bureau of criminal investigation and speak to them directly and also to contact a lawyer for free advice. I am not a lawyer and have no affiliation with any law firms.
Background Checks: Research on Misdemeanor Charges, Background Checks, Fingerprints, and Expungements
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