Does the FBI Honor Expunge Records?

Estimated reading time: 5 minutes

The Truth About Expungement and the FBI

Many people who have successfully expunged or sealed their criminal records at the state level are shocked to learn that their records may still appear in federal databases. This disconnect raises a pressing question: Does the FBI honor expunge records? The answer is complex and hinges on several legal, procedural, and bureaucratic factors.

Understanding how the FBI handles expunged records is crucial for anyone looking to fully clear their name, especially in an age where background checks, mugshot databases, and internet search results can affect job opportunities, housing applications, and personal relationships.

What Is Expungement?

Expungement is a legal process that allows for the removal or sealing of a criminal record from state or local court databases. Once expunged, the record is no longer visible to the general public and, in most cases, cannot be used against an individual in employment or housing decisions.

Types of Expungement:

• Sealing: Record remains but is inaccessible to the public.
• Destruction: Record is deleted or destroyed.
• Vacating: Conviction is nullified as if it never occurred.

Each state has its own eligibility rules, timelines, and procedures for expungement.

Note: Expungement does not always mean total erasure. Some records may still be accessible to law enforcement or federal agencies.

The FBI’s Role in Criminal Records

The Federal Bureau of Investigation (FBI) maintains the National Crime Information Center (NCIC) and Interstate Identification Index (III), which store arrest, charge, and conviction data submitted by federal, state, and local law enforcement agencies.

If you’ve been arrested or charged, chances are your information is in the NCIC and/or III, even if the charges were later dropped or expunged.

How Does Information Reach the FBI?

1. Arrest/Booking: Local police agencies submit fingerprints to state repositories.
2. State Repositories: Forward fingerprint and record data to the FBI.
3. FBI Databases: Store records indefinitely unless instructed to remove or update.

The Disconnect:

Even after a state court grants an expungement, the update may never reach the FBI unless additional steps are taken.

Does the FBI Remove Expunged Records?

The Short Answer:

Yes, but not automatically.

The FBI can honor expunged records, but only if it is formally notified and provided with sufficient documentation. Even then, the agency has discretion in whether or not to update or delete records, depending on the nature of the expungement and legal requirements.

Required Steps to Notify the FBI:

To initiate record removal from FBI databases after expungement:

1. Obtain Certified Court Order: Proof of expungement from the state court.
2. Contact the State Repository: Ensure the state has updated their database and forwarded the change to the FBI.
3. Submit a Request to the FBI: Include:
   • A letter requesting update/removal
   • Copy of the expungement order
   • Contact details of the court and law enforcement agency

Mail the request to:
FBI CJIS Division
Attn: Record Update/Correction
1000 Custer Hollow Road
Clarksburg, WV 26306

For detailed guidance, see the FBI’s official Identity History Summary Checks page.

Important: There is no guarantee that the FBI will remove or update the record, especially if the expungement does not meet federal criteria.

State vs. Federal Expungement: A Legal Gap

One of the key reasons expunged records may persist in FBI databases lies in the distinction between state law and federal policy.

Differences in Legal Authority:

• State Courts: Can only mandate expungement within their own jurisdiction.
• FBI: A federal agency not automatically bound by state court orders.

The FBI follows its own internal guidelines and may choose to retain records for law enforcement purposes, even if those records have been expunged at the state level.

Why Expunged Records Still Appear in Background Checks

Even if your record is expunged in your state and removed from local databases, it can still show up:

• In FBI background checks
• On third-party people search websites
• In mugshot databases
• On cached web pages indexed by search engines

Examples of Where Expunged Records May Resurface:

• Google searches for your name
• Online mugshot websites
• Background check sites like BeenVerified, TruthFinder, or Intelius

This can undermine the intent of expungement and cause reputational harm.

How to Remove Expunged Records from the Internet

Even if you’ve taken all the legal steps to clear your name, your record might still haunt you online. That’s where reputation management services like Defamation Defenders come in.

What Defamation Defenders Can Do:

• Suppress or remove mugshots from Google
• Request takedowns from third-party background check sites
• De-index expunged arrest records from search engines
• Assist with legal notices and DMCA takedown requests

Real Results: Many clients report major improvements in search engine results and background screening outcomes after using our service.

The Impact of FBI Records on Employment and Travel

If your expunged record still exists in the FBI database, it can affect:

• Federal employment applications
• Security clearances
• Professional licenses
• Immigration and visa processes
• TSA PreCheck and Global Entry applications

Best Practices to Ensure Your Record Is Fully Cleared

Steps You Should Take:

1. Get a Copy of Your FBI Record: Visit the FBI background check page.
2. Verify Expungement Has Been Reported: Follow up with your state’s criminal records agency.
3. Submit an Update Request: Send documentation to the FBI.
4. Monitor Your Online Presence: Use online reputation monitoring tools.
5. Hire a Professional: Let a trusted name like Defamation Defenders help you reclaim your privacy.

Frequently Asked Questions (FAQ)

MLA Citations:

• “Identity History Summary Checks.” Federal Bureau of Investigation, www.fbi.gov/services/cjis/identity-history-summary-checks.
• “Expungement and Sealing Criminal Records.” National Conference of State Legislatures, www.ncsl.org/research/civil-and-criminal-justice/expungement-and-sealing-of-criminal-records-statutes.aspx.
• “Criminal Record Clearing and Expungement.” Bureau of Justice Statistics, www.bjs.gov/index.cfm?ty=tp&tid=82.
• “Understanding Expungement.” American Bar Association, www.americanbar.org/groups/crsj/publications/human_rights_magazine_home/criminal-justice/criminal-record-clearing/.