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SOCCER LEGS
Joined: 08 Mar 2011
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 Posted: Wed Mar 09, 2011 12:38 pm Post subject: Question about what will show up on FBI Background check |
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I have a couple summary offenses which are basically just fines. I am assuming these don't show up on the background check.
I also have a DUI from the state of New Jersey. However, New Jersey is one of a few states that don't consider a DUI as a criminal charge, rather as a traffic violation, meaning it goes on your driving record instead of criminal history report. In the past none of these have appeared on criminal background checks. I just ran one on myself using an online service and it reported back no criminal records found.
Am I likely to come up clean on the FBI check as well?
Last edited by SOCCER LEGS on Wed Mar 09, 2011 3:16 pm; edited 1 time in total |
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Canonite
Joined: 01 Feb 2011
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| Posted: Wed Mar 09, 2011 1:22 pm Post subject: |
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While I'm not American, I'm pretty sure summary offences would show up. On the Canadian everything shows up, even stuff you weren't convicted of. Also, for its purposes, the Korean gov't considers a DUI to be a criminal act (as it should be).
Only one way to find out, though...run it and see. I wouldn't trust some online place offering this kind of service. |
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davemon
Joined: 16 Jan 2011
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| Posted: Wed Mar 09, 2011 3:00 pm Post subject: |
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The CBC is also an arrest record. IF you were cuffed and taken somewhere, then you were arrested. If you were arrested, then expect it to show up on the CBC.
Most states allow for expungement though, this may be your saving grace if you get your CBC back with this "record found."
A motion to expunge should be $100 or less to file. Attnys will do it for $600 or less if you want to err on the side of caution in getting your motion granted. These motions are generally simple to get granted though.
GL. |
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SoylaMBPolymath
Joined: 21 Jan 2011
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| Posted: Thu Mar 10, 2011 7:33 am Post subject: |
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| davemon wrote: |
The CBC is also an arrest record. IF you were cuffed and taken somewhere, then you were arrested. If you were arrested, then expect it to show up on the CBC.
Most states allow for expungement though, this may be your saving grace if you get your CBC back with this "record found."
A motion to expunge should be $100 or less to file. Attnys will do it for $600 or less if you want to err on the side of caution in getting your motion granted. These motions are generally simple to get granted though.
GL. |
Not true in every circumstance. I don't hasten to admit, but I was indeed handcuffed, fingerprinted, photographed, and arrested for a Class C Misdemeanor Public Intoxication charge. I stayed overnight in jail. The next morning I went before the judge, was given a date on which to reappear. Thereafter I was given terms of deferred disposition (community service, the most boring one day class EVER, and a fine). After completing all of the steps my deferred disposition was installed by judge's order. I stayed out of trouble and six month's later the deferred disposition order was terminated by the judge. The charge is still on my local record, but it doesn't appear on my FBI CBC, nor was it in my state's online Computerized Criminal History Check.
The best thing to do is check with the state. Find out what the statutory requirement and standards of the state in which you were arrested are in terms of their reporting to the FBI. And if you do decide to pursue an expungement make sure it will indeed result in your CBC record being cleared. Apparently there is a real lag in getting these dispositions reported to the FBI. In other words, the arresting district with which you would be filing all of the legal paperwork for expunction will eventually have to forward the change in your case up to the FBI. There may be a prescribed time by which this must happen, but as we are all experiencing in acquiring our documents, government is very, very slow.
Good luck to the OP! |
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Canonite
Joined: 01 Feb 2011
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| Posted: Thu Mar 10, 2011 10:10 am Post subject: |
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| davemon wrote: |
| The CBC is also an arrest record. IF you were cuffed and taken somewhere, then you were arrested. If you were arrested, then expect it to show up on the CBC. |
Yup...even if you were never convicted of or even charged with the offence. This is the only part of the process which I think is very, very wrong. While this isn't an issue for me (my most serious dealing with the police has been a couple of speeding tickets), I do think that if one is to be "Innocent until proven guilty" that same logic should apply to criminal records.
To err on the side of caution police like to detain/arrest/charge more people than they ever expect the courts to convict. Often, if something goes down, they'll detain anyone who's a remote possibility of having done it, then quickly let the ones go who are innocent. The fact that those people will still have it show up on their records and then have to pay money and spend time to have it expunged is unfair. |
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SOCCER LEGS
Joined: 08 Mar 2011
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| Posted: Thu Mar 10, 2011 12:27 pm Post subject: |
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| yeah, i've never been fingerprinted for anything i've done and from what the website says most of the FBI database is based on fingerprints? |
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Canonite
Joined: 01 Feb 2011
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| Posted: Thu Mar 10, 2011 3:40 pm Post subject: |
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| SOCCER LEGS wrote: |
| yeah, i've never been fingerprinted for anything i've done and from what the website says most of the FBI database is based on fingerprints? |
Why don't you just run it and find out? Not sure how fast your system works, but my CBC in Canada was done within 24 hours for 25 bucks.
You don't have to be fingerprinted in order for some stuff to show up on your record...just do it and then you'll know. You have to do it anyway, so why are you stalling? |
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Riker
Joined: 28 Dec 2010
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| Posted: Thu Mar 10, 2011 7:24 pm Post subject: |
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| Canonite wrote: |
my CBC in Canada was done within 24 hours for 25 bucks.
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Try 6+ weeks in the US. |
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Canonite
Joined: 01 Feb 2011
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| Posted: Thu Mar 10, 2011 7:38 pm Post subject: |
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| Riker wrote: |
| Canonite wrote: |
my CBC in Canada was done within 24 hours for 25 bucks.
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Try 6+ weeks in the US. |
Well then it sounds the OP should get cracking on it  And is that how long they say it takes or is that how long it took when they did yours? They told me I should count on weeks, or up to FOUR MONTHS...yet it was done overnight... |
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