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Thelawman2, Lawyer
Category: Criminal Law
Satisfied Customers: 1575
Experience:  Attorney-at-Law
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I'm a school teacher and 20 years ago I had gotten a

Customer Question

Hello. I'm a school teacher and 20 years ago I had gotten a misdemeanor violation out in Hawaii for clenbuterol; a fat burning compound listed as a controlled substance. I had soon after gotten it expunged but then learned that it went onto the FBI database. When I apply for a teaching position, they do a criminal check and the sealed record pops up coming from the FBI database. How can I get rid of this eyesore where it will not show up everytime I apply for a position?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Thelawman2 replied 2 years ago.

If you have an expungement order, you will need to make sure that the expungement order is sent to the FBI to make sure that their records also are expunged. You should contact that Hawaii Criminal Justice Data Center to make sure that they have sent a copy of the expungement order to the FBI, and if not, have them forward it. Just note that the FBI is a federal agency so they do not necessarily have to follow the directions of Hawaii.

Customer: replied 2 years ago.
the Hawaii police dept has sent a expungement notice but the FBI has refused to remove it. The FBI agent said this is standard policy. The only way to remove it is through a court order.
Expert:  Thelawman2 replied 2 years ago.

So you do not actually have a state court order for expungement?

Customer: replied 2 years ago.
No. I only have an expungement certificate for Hawaii showing the expungement of the misdemeanor on their end.
Expert:  Thelawman2 replied 2 years ago.

What you need to do is go to court and actually get a court ordered expungement.

Customer: replied 2 years ago.
Right..but how exactly do you do that? J
I feel like I'm back to square one again.
Expert:  Thelawman2 replied 2 years ago.

Sorry...unfortunately in Hawaii, the expungement you received is all that you are able to get. As such, if the FBI is not honoring the expungement order, there is not much else you can do.