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I have a sealed violation record which is showing up on my…

I have a sealed...

I have a sealed violation record which is showing up on my FBI rap sheet. I also have two misdemeanors which were dropped in lieu of my plea to the violation charge. There is no disposition on those cases because they were dropped. However, they are still showing up on my record. I was wondering how I can have this information removed from my record. Thanks.

Lawyer's Assistant: Because traffic laws vary from place to place, can you tell me what state this is in?

NYC

Lawyer's Assistant: Has anything been filed or reported?

Yes, it was actually a domestic indicent which was plea bargained to "disorderly conduct" which is a violation. When I pulled my backround check from the FBI all the information shows up even though it's been sealed.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, that is it :)

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3/8/2018
Nisha Jones
Category: Criminal Law
Satisfied Customers: 3,347
Experience: Managing Attorney at Nisha Jones Law, LLC
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Good morning, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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Customer reply replied 4 months ago
I'd prefer to continue of the forum for now as there is an issue with the credit card. Do you have any suggestions as to how to have the information removed from the FBI database? Since it is sealed, it should not be showing up on there, correct?

Correct, expunged records theoretically should not show up on an FBI background check.

In the state of NY, sealing works much the same way as an expungement.

The problem comes in with the fact that your state criminal records have been sealed through state agenies, but the FBI are at the federal level, not state.

They are not required under the law to remove this case information from their database, although often times they do.

At this point since you've run a check on yourself you are already aware that the information is still showing up. What you can do is have an attoreny draft a letter requesting that the case information be removed from their federal database. Your attorney would include copies of your final case dispositions and the paperwork granting the sealing of your cases.

Ultimately it will be in the FBI's discretion whether or not they remove this information from their national database, but it is worth the request, as similar requests have been sucessfully granted in the past.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 4 months ago
I am concerned that if this information is found by employers it could affect my ability to get a job. I also would like to apply for a permanent resident visa abroad, and they require a copy of the background check. I was wondering if there is a way to get the original court to send a notice to the fbi of the sealing so that the record comes out clean. Also the "charges" that were dropped / not pursued are on the federal record. This is concerning to me as there was no mention of them during the court proceedings.

The originial court should have, and most likely did, already send notice of the case sealing to the FBI.

Yes, this is a common concern with regards ***** ***** potential employers.

The best option you have is to be straight forward with future employers, explain the situation to the best of your ability, and also supply copies showing that the charges were either dismissed, or sealed at the state level.

Again, your other option is to have an attorney draft a request to be sent in to the FBI.

I hope that helps!

Don't forget to rate so I can be credited for my time and help with your question, thanks!

Nisha Jones
Category: Criminal Law
Satisfied Customers: 3,347
Experience: Managing Attorney at Nisha Jones Law, LLC
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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.

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