Have Legal Questions? Ask a Lawyer Now.
My name is XXXXX XXXXX I'm glad to help. To start, I wouldn't assume that you have no published criminal record. Your conviction may appear in the US DOJ's database, which is typically searched with any sort of criminal background check. You can request a copy of that record through the FBI. Follow this link for more information: http://www.fbi.gov/about-us/cjis/criminal-history-summary-checks
That said, I can't imagine what need you would possibly have for setting the record straight. You have no duty to correct the record and the error is in your favor.
I see that you just joined the chat. Welcome.
I've seen several instances where something appeared on a state criminal background report but not the federal, or vice-versa. It's not common, but it's not unheard of. So it's not shocking if the report run through the state agency has some inconsistencies on it. That said, there's a good chance that it would still show up in the federal database.
But do you have any reason to bring the error to anyone's attention? Every situation is different, but normally, the answer would be "absolutely not".
I will check the Federal Database as you have recommended. I was just personally very surprised to see that NY State did not pick it up. Either way, it is not a hindrance. Thank you very much for your expertise.
My pleasure. Did you have any other question?
No, Counselor. You have most helpful.
Great. Have a good evening!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).