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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4045
Experience:  9 years legal experience, primarily in criminal justice
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hello, i have recently been hired by an indian tribe to work

Customer Question

hello, i have recently been hired by an indian tribe to work in there casino. when i was 17 i was arrested with a friend for theft of more than $300 which is a felony. I was never convicted and had the records expunged as well. At the job i've been hired for I have to sign an authorization for release from fbi records. Will this show up when they do the background check considering I was a juvenile and its been expunged?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Michael J, Esq. replied 5 years ago.
Hello -

Thank you for contacting JustAnswer.

Expunged records are not supposed to show up. The whole purpose of an expungement is so that, as far as anyone knows, the crime was never committed.

That being said, just because a crime was ordered to be expunged by a Judge, doesn't mean that it actually was. Someone could have made a mistake and left some remnant of the crime in a file someone. This usually does not happen - I just wanted you to be aware of the slim possibility. If you have been told that is has been expunged - it shoud not show up.

Good luck.

If my answer was helpful, please click ACCEPT so i may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.

Regards,

Michael
Customer: replied 5 years ago.

I know it shouldnt show up under a normal background check but I am signing an authorization for release from fbi records legal docuent which gets notorized and gives consent to the Indian police department to records which the FBI holds. If there wasnt a mistake in filing the expungement would they be able to see what happened in my past?

Expert:  Michael J, Esq. replied 5 years ago.
Why would the FBI have records of your past crimes?
Customer: replied 5 years ago.
Because I am going to the Indian Police Department being finger printed and giving them consent to see any information the FBI would be able to see. So I have been told by a Deputy Sheriff that when they take my fingerprints and send them to the FBI the FBI will be able to access anything that I have ever done because they will have my fingerprints on file when I was arrested.
Expert:  Michael J, Esq. replied 5 years ago.
As far as I know, it shouldn't show up, but I'll opt out to allow another expert to assist you.

Customer: replied 5 years ago.

Thank you for trying to help! Is my question transferred to someone else or where do I go from here?

Expert:  Hammer O'Justice replied 5 years ago.
How old are you now?
Customer: replied 5 years ago.

I'm 23

Expert:  Hammer O'Justice replied 5 years ago.
Hello.

If the record was expunged, a government background check will show that information was expunged, but it won't say what that information is. The only way to unseal an expunged record is through court order, which requires a very strong showing that it is necessary information. An application such as this would not likely qualify to have your record unsealed.
Customer: replied 5 years ago.

They ask on the Gaming Application to list Juvenile Arrests and Expungements and since they will be able to see I have had an expungement I should list and give them documentation of what happened. Correct?

Expert:  Hammer O'Justice replied 5 years ago.
It is best to be honest. It is unlikely that an expunged juvenile arrest from six years ago would adversely affect your application, but lying on the application definitely would.
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4045
Experience: 9 years legal experience, primarily in criminal justice
Hammer O'Justice and 6 other Criminal Law Specialists are ready to help you

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