How do I clear my FBI Identification/Rap sheet?
- 0Sep 4, '10 by pupilnurseHi! I'm new here, and this is the first thread I've started. I was accepted, and began the nursing program this fall semester. I went through the CNA program, to get more points to be accepted to the program. I applied for a job at a nursing home, and submitted my fingerprints for a back ground check. I had some old stuff (16years old) show up on my rapsheet. It shows on the FBI rap sheet like 10 different charges. Looks really bad. It does show that they're between 16-18 years ago. Well, the facility that I'd applied to was very ugly to me. I was in shock, so it took a month or so for me too recover enough to look at the rapsheet. On there it says that anyone using the report to decide on employment they were to give the person submitting the fingerprints the chance to verify, or clear up any mistakes on the report. Okay, so I started looking into getting expungements. Well along the way, I have found the 4, not 10, cases were so old that they can, and will be dismissed, as they were misdemeanors. Here is my dilemma: I need to have my FBI report corrected.
My nursing program is aware of all this or I would not be putting it out here like this.
- 0Sep 4, '10 by caroladybelleWell, until they are dismissed/you are exonerated, or they are expunged, it isn't something that the FBI will correct. Until the court takes action to remove them, they are an accurate part of your history - no correction applies.
Sometimes one case may have multiple charges involved. Those the additional charges.
It is not a good idea to post this question here - you most likely will not get an accurate response. You need to talk to the FBI, and probably a lawyer. They are the only ones that can reliably answer you.
The other issue - many of these charges will follow you. Virtually all employers do background checks, and many do credit checks. IF the charges get dropped (which I wonder about) or get dismissed, you may want to make sure that they removed from other sources of personal databases.
- 0Sep 4, '10 by NRSKarenRN, BSN, RN Adminfbi just collects the data. need to start at courts where charges leveled.
best info, check out my thread:
national helping individuals with criminal record re-enter through employment network
has all the info you need to start on this process: may take months to year or more to resolve so don't get discouraged. since healthcare deals with people when they are most vulnerable, strict laws put in place to minimize consumers being victimized by those who have not changed their ways as mature, responsible adult.
best wishes moving forward. we'll be here rooting for ya!Last edit by NRSKarenRN on Sep 24, '12 : Reason: updated link
- 0Sep 4, '10 by BabyLadyI can tell you that you that you can't do any of it without getting an attorney and making the request to a judge.
What I am getting ready to post is not legal advice, just my personal experience when I used to conduct background investigations for a former employer and only an explanation of how the records are kept.
Criminal records are kept at three levels...local, state, federal.
The local police departments report criminal records to the state, the state keeps a fingerprint database, then the FBI has one of their own. The choice of whether or not the state makes individuals' fingerprints to the FBI database, lies with that particular state, but as a rule, felony convictions are most always reported to the FBI.
Ultimately, unless it is a capital offense (which is federal, not state court), the local judge makes the determination whether or not a charge can be expunged or not. Again, this depends on what state you live in because every state has different laws regarding what can and cannot be expunged and under what circumstances.
For example, I live in a state where a judge cannot order an expungement of a DUI off your record, even though it's a misdemeanor.
Even on top of that, each Board of Nursing, in each state, has their own rules regarding if expunged records are required to be disclosed. If you download the application, that information is on the application when you complete the section for a background check.
But the bottom line is, you still need to get an attorney but be very, very careful. This is a HUGE scam that lawyers pull claiming that they can "clear your record" very similar to ones that claim that they can "clear your credit"...make sure they have a contract and read it carefully...because I would be willing to bet not a single one of them will put a guarantee in writing.
- 0Sep 5, '10 by caroladybelleQuote from chloecatrnThe OP indicates that the charges are 16-18 years old As the OP is 39, these would not be "juvenile" charges, but charges as an adultHave you checked into getting your juvenile record sealed? I would look into that and see exactly what future employers would be able to see if that happened.