Does a background check (for employment) show ...

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... charges from a out of state conviction that was over 10 years ago ?

Attorney Answers

2
Mark Oakley ·
Most background checks are made by accessing the National Criminal Information Center (NCIC), which was set up and is managed by the FBI. All state and federal law enforcement agencies enter every criminal charge into the system, and it contains the defendant's name, date of birth, other identifying information, and a complete description of the charges filed, listing date of arrest and any disposition of those charges (guilty, not guilty, probation, sentence, etc.). Once entered, the entry remains forever, unless the state where the charge occurred provides for expungement of the criminal record (generally, only cases without convictions can get expunged under state laws which allow for this relief). You should be aware, however, that even if an entry is removed after expungement, the FBI maintains a segregated version of the record not accessible by any private employer, but which is utilized by federal employment background checks (so, if you apply for a federal position, even state expunged cases may come up). Access to your criminal record can only be made by a private employer with your written authorization. Although the NCIC is the normal source for background checks, state court records are also publicly available and may be viewed or accessed as provided by state law. But by checking the NCIC, every charge you ever had, regardless of what state it happened in, will be listed.
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Justin Morocco ·
You should expect that a background check will show an out of state conviction from over 10 years ago. The results of background checks can vary greatly from one source to another and one company to another. I would highly recommend trying to run your own background check to see the type of information that is generated. You may also want to run a check to verify that incorrect information is not showing on your report.
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