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Old 09-09-2012, 10:23 PM   #11
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Default Re: Can employer access my expunged records through the NCIC database?

I am addressing the comment that states that one does not end up in the NCIC database for a minor infraction, and also the original question. My sister was a very misguided child 30 years ago, and was caught with $50 worth of a controlled substance, which ultimately landed her a federal offense on her record. She had it expunged after "redirecting" her life. For the past 25 years, she has acquired 2 college degrees from ivy league colleges, and now works as a contractor for several federal agencies doing great things to keep our country safe. She has a new contract coming up, and will need a background check to move forward. If there is access to this information, a mistake made in another life could not only cause her company to lose the contract, it could also ruin her career--a career that took more work to achieve than many people could not even fathom. It is a very important question, and I am wondering if the Patriot Act has changed the game.
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Old 10-16-2012, 09:08 AM   #12
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Default Re: Can employer access my expunged records through the NCIC database?

Yes unfortunately the Patriot Act, and also the decision to stop accurate NCIC reporting, has led to false arrests, false deportations, firings, and even denial of employment due to millions of inaccurate records being reported in the NCIC database system.

There is no entity responsible for "ensuring the accuracy and integrity" of the NCIC database. In the old days it used to be the FBI that was responsible for ensuring that records were accurate, but that ended a few years ago.

The Justice Department said that it's "unfair" that the FBI should have to actually check and verify arrest records to make sure that the database is correct and up-to-date, so now no one can even file a complaint, or even contest an inaccurate record.

I've spent years trying to fight to have inaccurate information that is being reported in the NCIC system removed. It's futile, and judges, State's Attorney's, Immigration & Border Patrol (and employers) all use this inaccurate information in denying employment.

I've shown court Memorandum of Opinions, and various other public documents to show that the ruling was reversed (on appeal) but the arrest records still remain in the system as "convictions" and as "GUILTY" and there is no way to get the inaccurate information removed from the NCIC system, and employers (and judges and State's Attorney's and Law Enforcement and even Border Patrol/Immigration) all insist that NCIC III database information is "accurate".

Please take a moment and sign the petition:
Require Accuracy in the Nation's Largest Criminal Justice Database Petition

You can read more about it here: EPIC - Sign on letter - Require Accuracy for NCIC

But no the NCIC III database is not accurate, it's not updated, and even "stale" records from over a decade or two ago, are still being reported in the system. I have ONE single arrest that is reported as 5 different arrests/convictions (even though it was only ONE arrest, which is being inaccurately reported four different times with different arrest dates, all differing one day apart) and the information is incorrect, and it even shows as "GUILTY" for the disposition.

I have spent the past few years trying to get this inaccurate information fixed/removed/corrected, but it's nearly impossible and every single judge, State's Attorney, Law Enforcement and Immigration Officer use this inaccurate information from the NCIC database as a "bible" used for making employment hiring decisions, judgements, and even potential "stiffer sentences" for those that have multiple arrests (even though they were not convictions) on their record, simply because the system does not report accurate information, and judges/law enforcement/immigration/employers rely upon this inaccurate information.

"The Justice Department has administratively discharged the FBI of its statutory duty to ensure the accuracy and completeness of the over 39 million criminal records it maintains in its National Crime Information Center (NCIC) database."

Now nobody is responsible for ensuring the "accuracy" of the NCIC database, and there is no way to object, or contest, or even get a full copy of what is being stored on you, and you are NOT ALLOWED to even get a copy of your NCIC record.

When I went to court, the judge had a copy, the State's Attorney had a copy, but when I asked to even see my NCIC record, or asked for a copy of it, they refused and insisted that it is "illegal" for me to see my own NCIC record. Law Enforcement can see it, Judges can see it, State's Attorney can see it, even Employers can see it, but no you can NOT see your NCIC III database record, nor can you even get a copy of it (to see or even verify it's accuracy).

Even if an employer gets a copy, they can't even show it to you, or even let you see it. You can't dispute the information, and there is nothing you can even do. I was "dismissed" three separate times by employers that relied upon inaccurate NCIC data in their hiring decisions, and I can't even get a copy of my NCIC report, and even though I was not found guilty of a charge, it is still being listed as a Felony Conviction on my NCIC III record.

Every single employer that runs my background check is able to see the NCIC database information (since most large database companies such as Choicepoint) actually PULL their data directly from the NCIC database (claiming that it is used for "banking" or "hiring decisions") but anyone can pay $17 and get a copy of their ChoicePoint record, and employers can actually see all of your arrests and all/any inaccurate information that is being reported in the NCIC database.

There is no way you can dispute this information, or get it corrected, or get it fixed/updated. If NCIC is wrong, then you're pretty much screwed, and the FBI is no longer even responsible for ensuring/fixing/updating the records to ensure that the database is even accurate.

It's quite sad that this is what our country has turned into. With over 39 Million arrest records, and over 20% of those records being "inaccurate", I can only imagine how many people are denied employment or have problems for the remainder of their life, due to inaccurate information being reported.

Please take a moment to sign the petition here: Require Accuracy in the Nation's Largest Criminal Justice Database Petition

NCIC III database records should be treated EXACTLY like a credit report. Individuals should have the right to fill out a form, and have a FREE COPY of their NCIC record mailed to them once per year for FREE, just like a credit report.

Also there should be ONE single website, that people can go to and fill out their name and request a FREE COPY of their background check from ALL background agencies or background check database bureau's and they should have to provide individuals ONE FREE COPY per year (just like the credit bureau's) just so people that request a free copy and can actually see what is being reported, and they can actually dispute inaccurate information (online) and be able to have inaccurate information automatically removed from their record (just like on a credit report).

This way people could actually see what is being reported (and by whom) and they can at least ensure that the information is correct and inaccurate, instead of what we currently have in America right now, which is just one big large mess of over 39+ Million arrest records, and over 20% of those records being "stale" or "inaccurate" reporting or records that have never been corrected or removed.

People's careers and their livelihood depend on these NCIC III database background checks, and it's quite unfair that we (as individuals) can't even get a free copy or even see our own arrest record, just to ensure that it is accurate (nor can we even have a simple/easy way to dispute inaccurate information on our NCIC III records). It's quite a mess, and it will only continue to get worse... as the Department of Justice even refuses to audit, update, or even ensure the accuracy of the NCIC III database.
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Old 10-16-2012, 09:15 AM   #13
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Default Re: Can employer access my expunged records through the NCIC database?

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NOBODY has access to the NCIC database except the FBI..these sites are all quaks
Absolutely not true... just about ANYONE that wants a copy of your NCIC III record can get a copy (using any one of several hundred civilian databases that pull information directly from the NCIC III, which is used for "hiring" decisions, by banks, employers, school districts, etc.) Employers sign up for access (like ChoicePoint) and yes, they are able to see the NCIC III information (through third party websites).

Nobody is responsible for maintaining the accuracy of the NCIC III database.
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Old 10-29-2013, 02:59 PM   #14
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Default Re: Can employer access my expunged records through the NCIC database?

"And if you are worried about something in an NCIC database, then you were accused of committing a felony. People do not get on NCIC for minor infractions. "

I had a class B misdemeanor arrest is 1967, and it IS in the NCIC database. EVERY arrest is in there, and you can buy access to your own records. You may have it expunged, but the FBI does not have to follow the State Criminal Courts decree to expunge your record.

My charge was dismissed, never went to arraignment or trial, and it is still in there.
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Old 12-04-2013, 10:14 AM   #15
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Default Re: Can employer access my expunged records through the NCIC database?

Only law enforcement, or government entities can access the FBI criminal database, and of course, you can access your information by request.

All of these "background" companies use public information (local law enforcement) to populate their databases, not the FBI criminal database
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Old 09-09-2014, 09:49 AM   #16
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Angry Re: Can employer access my expunged records through the NCIC database?

I have several charges that show up on my NCIC check and that is only because someone used my SSN when they were arrested. I have been calling different people for the last couple of months trying to get my SSN removed. This is effecting my job status because no one is responsible for maintaing the database(NCIC) which is used to verify all Federal employees background Investigations. No one knows who can/should remove my SSN from false police reports. Just ridiculous
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Old 09-09-2014, 11:49 AM   #17
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Default Re: Can employer access my expunged records through the NCIC database?

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Originally Posted by Unregistered View Post
I have several charges that show up on my NCIC check and that is only because someone used my SSN when they were arrested. I have been calling different people for the last couple of months trying to get my SSN removed. This is effecting my job status because no one is responsible for maintaing the database(NCIC) which is used to verify all Federal employees background Investigations. No one knows who can/should remove my SSN from false police reports. Just ridiculous
If one's identity has been stolen which resulted in criminal charges being tagged to them, they CAN have their social security number changed for public record. Accrued social security benefit amounts will internally be attached from the old number to new number.

The Social Security Administration has a brochure on the procedure to apply for a new number. You cannot get a new Social Security number: If you decide to apply for a new number, you will need to prove your identity, age and U.S. citizenship or immigration status. See Social Security Administration's Publication Number 05-10002 .

Changing your number, of course, will not instantly solve your problem for you will have to change records with DMV and other places that have your old number, like credit bureaus.
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Old 10-09-2019, 08:54 PM   #18
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Default Re: Can employer access my expunged records through the NCIC database?

Is my expunged domestic violence matter (involving my wife) available in any way to my employer in Illinois? They are trying to find it I learned.

The whole thing was ten years ago.
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Old 10-10-2019, 10:48 AM   #19
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Default Re: Can employer access my expunged records through the NCIC database?

This thread is over 5 years old. If you have a legal question start your own thread. OIr better yet go somewhere else and ask.
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Old 10-10-2019, 10:58 AM   #20
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Default Re: Can employer access my expunged records through the NCIC database?

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Is my expunged domestic violence matter (involving my wife) available in any way to my employer in Illinois? They are trying to find it I learned.

The whole thing was ten years ago.

Read ALL the posts above.
Your expunged information is not supposed to be available but you cannot be 100% sure that that is the case.
BUT generally...employers should not have access to law enforcement or government files that may include expunged material.

That would defeat the whole purpose of the expungement /expunction process.
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