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In PA 2012 will DUI/ARD that was expunged show on the FBI/NCIC clearance. It is for College! Not the government!
Anonymous4 views3 answers
Ok I am 20 years old, I am in my first semester of Junior year in college. Exactly 2 years ago I got a DUI. I applied for ARD and was approved. I paid my fines and did my call in probation. Earlier this summer I believe in May I received a paper in the mail asking me to take it get notarized and send it back to get the expungement of my record. I am now in 2 weeks giving my application to get into the Athletic Training department. To get in it requires Act 34, 151 and the FBI/NCIC clearance. I got act 34 back and it was clean along with the 151. I then received the FBI clearance and it shows my conviction... I don't understand why it's still there and about a week and a half ago I paid for the clearance to be ran again hoping it was just a delay on the FBI's part. I have not recieved the 2nd clearance yet and I'm in constant anxiety. I've worked so hard for this busting my butt and putting ok countless hours of shadowing and clinicals...
My question is, shouldn't it be off the FBI clearnace? And what if I have to give the dirty background check to my Professors? Can they legally count it against me, since they shouldn't see it either way... I'm just ready to move on with my life, and thought it was all going good..
The FBI may have obtained a copy of your ARD disposition from the Department of Motor Vehicles. My understanding is that an expungement order is sent to the Pennsylvania State Police who clear your Pennsylvania record. It takes them about three months. The FBI updates their database from Pennsylvania, and should have removed the DUI charge, but the motor vehicle records could still show the ARD disposition.
Remember you were NOT convicted of anything; you did probation without conviction. If anything shows a conviction - it is an inaccurate record and can be corrected.
You ask an excellent question but first you should realize that if you received ARD you were not convicted and there should be no conviction showing on your record, the arrest may show but not a conviction. To be straight the FBI has been a thorn in the side of PA attorney's trying to get expungmentments for their clients. The FBI feels they do not need to comply with orders from State Court Judges and usually indicate they will expunge if requested to do so by the "transmitting agency". In PA that is the state police. All of the expungement orders which I prepare instructs the state police to instruct the FBI to expunge. The only way to determine if they do so is to run a federal criminal background check.
Expungements are not automatic and a petition must be filed. Once the Oder is signed it is circulated to all the agencies. You should have an attorney investigate to make sure everything was filed and that the order was signed and circulated.
