Can employer access my expunged records through the NCIC database?

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Old Jul 10th, 2009, 03:16 PM   #1
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Default Can employer access my expunged records through the NCIC database?

How likely is it that an employer can access my expunged records through the NCIC database? I know that once a record as been expunged, it is no longer accessible to the public. However, the records of the 'crime' still remain in certain databases, such as the NCIC, and I want to know how likely it is that employers can access this, and to
what extent will they see the details of the entry (even under expungement).

Thank you!
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Old Jul 10th, 2009, 04:11 PM   #2
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Default Re: Can employer access my expunged records through the NCIC database?

This information was taken directly from the public area of the FBI web site...

National Crime Information Center (NCIC)
National Crime Information Center
Criminal Justice Information Services (CJIS) Division
1000 Custer Hollow Road
Clarksburg, West Virginia 26306
Hours of Service: 9:00 a.m. - 5:00 p.m.
Telephone: (304) 625-2000

NCIC is a computerized index of criminal justice information (i.e.- criminal record history information, fugitives, stolen properties, missing persons). It is available to Federal, state, and local law enforcement and other criminal justice agencies and is operational 24 hours a day, 365 days a year.
PURPOSE: The purpose for maintaining the NCIC system is to provide a computerized database for ready access by a criminal justice agency making an inquiry and for prompt disclosure of information in the system from other criminal justice agencies about crimes and criminals. This information assists authorized agencies in criminal justice and related law enforcement objectives, such as apprehending fugitives, locating missing persons, locating and returning stolen property, as well as in the protection of the law enforcement officers encountering the individuals described in the system.

ACCESS CONSTRAINTS: All records in NCIC are protected from unauthorized access through appropriate administrative, physical, and technical safeguards. These safeguards include restricting access to those with a need to know to perform their official duties, and using locks, alarm devices, passwords, and/or encrypting data communications.

USE CONSTRAINTS: Users of the NCIC system will be restricted to only those privileges necessary to perform an authorized task(s).

AGENCY PROGRAM: The FBI is authorized to acquire, collect, classify and preserve identification, criminal identification, crime, and other records and to exchange such information with authorized entities.

SOURCES OF DATA: Data contained in NCIC is provided by the FBI, federal, state, local and foreign criminal justice agencies, and authorized courts.

The most recent iteration of NCIC became operational on July 11, 1999 at the FBI's Criminal Justice Information Services Division in Clarksburg, West Virginia. A recent hardware upgrade to the NCIC system is responsible for this significant improvement in performance.

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National Crime Information Center (NCIC) - FBI Information Systems
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Old Jul 10th, 2009, 04:56 PM   #3
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Default Re: Can employer access my expunged records through the NCIC database?

In general, private employers cannot access the NCIC database. Use of the database is generally limited to law enforcement agencies.

The Code of Federal Regulations specifically permits the FBI to provide NCIC information to "officials of federally chartered or insured banking institutions to promote or maintain the security of those institutions." That includes pre-employment checks.

"For criminal history searches, this includes criminal justice employment, employment by Federally chartered or insured banking institutions or securities firms, and use by State and local governments for purposes of employment and licensing pursuant to a State statute approved by the U.S. Attorney General."

Access to Federal criminal records is governed by Title 28, Code of Federal Regulations (CFR), Section 20.33
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Old Sep 14th, 2009, 02:56 AM   #4
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Default Re: Can employer access my expunged records through the NCIC database?

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How likely is it that an employer can access my expunged records through the NCIC database? I know that once a record as been expunged, it is no longer accessible to the public. However, the records of the 'crime' still remain in certain databases, such as the NCIC, and I want to know how likely it is that employers can access this, and to
what extent will they see the details of the entry (even under expungement).

Thank you!
NOBODY has access to the NCIC database except the FBI..these sites are all quaks
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Old Sep 14th, 2009, 04:15 PM   #5
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Default Re: Can employer access my expunged records through the NCIC database?

Unfortunately many expunged crimes now show in other databases that are on the web etc. because all such records are public at the time of the arrest-conviction etc.

It is a common prpblem today that employers do find expunged records.
But of course the crime is still expunged.
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Old Oct 4th, 2009, 10:23 AM   #6
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Default Re: Can employer access my expunged records through the NCIC database?

The answer is yes and no, if your going for a high security job, like law enforcement, entering the counter terrorism team and such, well everything shows. Heck the DSS had every police report and traffic ticket I ever appeard on or recieved, stuff that I was a witness for also.

But most employers cannot get access to the background check.

As for the person that says only the FBI can look at your file, that is wrong. Our Metro Dispatch can run a NCIC III very easily, but it must be in connection to a investigation or employment with Govt and it is highly tracked and not something you really want to mess with. My wife can run what is called NCIC triple I's for her investigations with the DA' s Ofc but again she cannot just randomly run them, she cannot even run herself or me without a valid reason.

So there it is, if it is expunged it should not show up on local records but If your trying to get into the secret service, good luck, and don't lie, if expunged then it was expunged for a reason, give them the reason.
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Old Nov 3rd, 2009, 06:24 PM   #7
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Default Re: Can employer access my expunged records through the NCIC database?

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NOBODY has access to the NCIC database except the FBI..these sites are all quaks
That's funny, I have access to NCIC and TCIC through NLETS by the Ominex system and I am not the FBI. I do work in a criminal justice setting. Actually State Troopers, County Deputies, City Officers, Sheriffs, Dispatchers, Correction Officer and Im sure many other positions have access to NCIC. If you a regular citizen you can go to your state site, like State of Texas for TCIC, they have a program where you buy credits to access information authorized to the public.
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Old Mar 7th, 2010, 09:49 PM   #8
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Smile Re: Can employer access my expunged records through the NCIC database?

Yes, law enforcement has access to NCIC. But the laws are very specific on how they are used. In TN, the "Purpose Code X III Name Based Criminal background" is used in exigent circumstances like when children must be removed from a home. DCS runs this background check when children are removed from one home and placed with a relative. All adults in the safety home are checked, and fingerprinted. But this is done last. If it's no emergancy, like if someon wants to be a foster parent, then the NCIC check is done on the fingerprints. You can steal somebody's identity on a name check, but you can't change your finger prints.

A name check includes the peron's full name, date of birth, and SSN. DCS can't document the results but only document that the person met the criteria as a resource parent or they did not.

I heard a story of a new employee, in training, who used the NCIC to run an unauthorized background check on her boyfriend. Authorities (FBI I think) immediately knew that it happened, and showed up to arrest her.
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Old Mar 7th, 2010, 09:52 PM   #9
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Default Re: Can employer access my expunged records through the NCIC database?

I think you can pay the FBI $18.00 to run a background, but you must have a release of information authorization if it's from someone besides you.

Also, DCS in TN can't dicuss a NCIC bacground check with a particulary family member, unless they are alone, even if that person says "I don't care".
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Old Jan 5th, 2012, 04:46 PM   #10
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Default Re: Can employer access my expunged records through the NCIC database?

And if you are worried about something in an NCIC database, then you were accused of committing a felony. People do not get on NCIC for minor infractions.
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