|Posted on Friday, September 16, 2005 - 10:38 am: ||
You are delving into an area that is not related to fingerprint expertise or factors typically discussed on this forum (i.e., background investigations and legal practices regarding criminal records), so the below opinion is NOT an expert opinion, is certainly not legal advice, and is basically what I would relate to my own children or nieces/nephews if they were to ask me the same question.
If you are applying for a job so sensitive that you are concerned about a youthful misdemeanor offense that was dismissed, there is always a chance that sometime in the future the topic may come up on a polygraph exam. You could be asked to take a polygraph as part of a criminal investigation should drugs be missing from a hospital or medical office sometime in the future (you indicated you were applying for a medical license). Polygraphs are more commonly required for background investigations related to very sensitive government classified material access and for some specialized law enforcement positions. Well, the above is my opinion and is perhaps worth only what it costs you (zero). Others, with less of a Boy Scout mentality, may advise you to keep your mouth closed and volunteer nothing.
Be sure to read the fine print wording on all applications and forms regarding "any prior arrests or police investigations"... or you may later regret the decision to omit details about the minor incident that was dismissed/expunged. If something from your past bothers you so much that you are posting on this forum, then it may bother you enough to cause you to flunk a polygraph that includes questions about being truthful with your employer.
Why continue to worry about something that is a pretty common occurrence (youthful transgressions that a judge wisely dismissed/expunged)? If you get it off your chest early in the application process, you will normally see that your candor is appreciated, that the background investigators see you as just a normal person and that the agency investigating you often encounters such situations... plus, you can stop worrying about it haunting your career in the future.
Good luck with your application process.
|Posted on Thursday, September 15, 2005 - 08:50 pm: ||
"The laws and policy rules for what gets retained versus merely searched vary by state and agency."
Dear webservant can you please explain?
years and years ago when i was a youth i was arrested for a class A misdemeanor but not convicted (case dismessed + record expunged, i actuilly got the fingerprints back in the mail from local police dept)
however now i will be applying for a medical license and of course go through fingerprint background check.
as i said before, i did my own FBI FOIA check and it came back negative( no arrest record stamp). any other agency which will do the FBI check will get the same results, correct?
i also did my state rap sheet check and it came back negative. even the court house check came back negative. i actually want to find myself any trace of the case but i can't.
do you guys think i'm safe?
so my records may be retained (against court order) but not searched?
|Posted on Monday, September 12, 2005 - 06:33 am: ||
Yes, you can trust what the FBI response states.
If the response states there is no fingerprint record in IAFIS, that does not necessarily include any paper fingerprint cards in FBI civil files (non-criminal record) from your entry into the military, etc. Such files (especially before 1991) are not "automated" (not a part of the Integrated Automated Fingerprint Identification System).
You already know if you have been fingerprinted and why. If for criminal purposes, your fingerprint records could be in local, state, regional or FBI AFIS databases. The laws and policy rules for what gets retained versus merely searched vary by state and agency.
|Posted on Sunday, September 11, 2005 - 05:52 pm: ||
is it safe to say that if someone does an FBI FOIA check in FIRS (IAFIS), and FBI sends back the response that there is no record , than trully there is no record in FBI's systems?
thnx in advace.