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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 111450
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I was arrested back in 2004. My record was sealed and the

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I was arrested back in 2004. My record was sealed and the court documents stated that the arrest could not be used against me in the hiring of public saftey positions. Is there anyway I could appeal the decison that the FBI made against me. I passed every phase and then they said they could not render a favorable decision.
Unfortunately, certain law enforcement positions can and do used sealed records information and the only way to attack the FBI is to file suit in the federal court against them for a violation of the court order, but as long as they can express a legitimate reason for the denial they will end up prevailing.


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Customer: replied 7 years ago.
Is there another appeal agency besides the Merit systems protection board?
Not for the FBI for applicants. The Merit board is only for current employees. Applicants do not have any appeal rights through administrative agencies. The applicant must allege some violation of law or contract theory that the FBI committed in denying your employment. In your case, if the order said it was not to be considered, then the FBI is violating that order and you will have to hire an attorney to fight them.