Dedicated Westwood FBI Background Checks Attorney
An FBI Identification Record (i.e., the Interstate Identification Index, or III), also commonly called a Criminal History Record or Rap Sheet, is a record of certain information taken from fingerprint submissions retained by the FBI in connection with arrests and, in some instances, federal employment, naturalization or military service. If you were arrested and fingerprinted, you have an FBI record in addition to your state criminal record (called a CORI in only Massachusetts).
It is essential to know that an FBI record is not automatically updated, sealed or expunged once the criminal case against you has ended. Whether you were acquitted, the charges were dismissed or there was another outcome, your FBI record will give your arrest information to anyone doing a criminal background check. As far as they may be concerned, the criminal issue is not resolved if it is not explicitly stated in the FBI record.
Additionally, criminal charges that were amended and reduced will not appear if the FBI record is not updated, and the more severe initial charge will continue to appear. In instances where you received a favorable disposition, it may be inferred that you were convicted if the initial FBI record is not updated. This is why it is so important for you to seek the help of a lawyer who knows the details of how to update, seal or expunge an FBI arrest-fingerprint record.
At the Law Office of Philip L. Arnel, Mr. Arnel can help you understand how to deal with your FBI record. Attorney Philip Arnel is highly knowledgeable in this area, helping clients through the process of updating, sealing or expunging their FBI records. Since they can be expunged or sealed only in very limited instances, you should update them so that anyone looking at your record understands that it is no longer an issue for you. Attorney Arnel can handle the sealing/expunging of your CORI and the updating, sealing or expunging of your FBI record. Throughout these processes, and depending upon which state the arrest occurred in, he works with the State Police, Criminal Justice Information Services, Department of Justice, Department of Public Safety, State Identification Bureau, Crime Information Center, Bureau of Investigation, Attorney General, as well as the FBI.
Why You Should Update Your FBI Record
If you are not eligible to seal or expunge it, by updating your FBI record, you are effectively eliminating any misinterpretation or misunderstanding, as well as any inconvenience and embarrassment that may stem from the discovery of your record. Most individuals do not realize there is a problem until it is affecting their life.
Taking proactive action can minimize or eliminate major problems down the road. Issues can include:
- Employers doing background checks
- Public housing applications
- Private landlord applications
- Mortgage company background checks
- School applications
- Professional licensing
- Firearms licensing
- Visa and foreign residency applications
- Travel restrictions
Essentially, anyone who can do a background check on you can access any FBI criminal record information.
The other problem is in regard to both domestic and international travel. When you are at the airport, security officials might conduct a random passenger background check. They are going to do it in the federal (FBI) database. If something comes up and it is incomplete or confusing, they may pull you aside. By the time they figure it out, you have probably missed your flight. A number of our firm’s clients have been in this situation and are embarrassed to be pulled out of line. The same situation may occur if you are trying to cross the border into Canada, where motorists, passengers and corporate truckers can be denied entry and have their passports seized.
Not Arrested? No FBI Record.
If you were not arrested, brought to the police station, booked and fingerprinted as part of the process, you will not have an FBI criminal record. Individuals who have received only an arraignment summons will have a state record, but no FBI record will exist unless you are actually arrested and fingerprinted.
Update, Seal Or Expunge An FBI Record FAQ
Attorney Philip Arnel is the only attorney in Massachusetts focusing on FBI record updates, sealings and expungements. You can trust him to answer your questions and explain your legal options.
What is an FBI record?
An FBI Identification Record (i.e., the Interstate Identification Index, or III), also commonly called a Criminal History Record or Rap Sheet, is a record of certain information taken from fingerprint submissions retained by the FBI in connection with arrests and, in some instances, federal employment, naturalization or military service. For a more detailed discussion on updating, sealing and expunging FBI records, please visit the update, seal or expunge an FBI arrest-fingerprint record page.
What does the FBI record show?
If the fingerprints are related to an arrest, the FBI Identification Record might include the name of the law enforcement agency (e.g., police department) that submitted the fingerprints to the FBI, the date of arrest, the arrest charge, the court name and the final disposition of the case, but only if known to the FBI at the time the record was created, which is highly unlikely for the final case disposition.
How is an FBI record created?
All arrest data included in an FBI Identification Record is obtained from fingerprint submissions, disposition reports and other reports submitted by agencies having criminal justice responsibilities.
Which agency in Massachusetts submits the information to the FBI?
In Massachusetts, the law enforcement agency that provides this information to the FBI is the Massachusetts State Police, who submit your fingerprints and information as taken by town, city, municipal or state police during the booking process of an arrest.
What is the final disposition of the case?
The disposition of an arrest is simply the final outcome of the court process. It is whether you were ultimately found guilty or not guilty and acquitted, the case dismissed or disposed of by way of a nolle prosequi, and if you were incarcerated.
Why is the final disposition not shown on a typical FBI record?
The final case disposition is rarely listed in the FBI Identification Record for the obvious reason, and that is because the fingerprints are taken during the booking process at the police station, processed by the Massachusetts State Police Identification Section shortly thereafter, and then submitted to the FBI well before the final court disposition occurs.
How is the FBI record different from the state CORI?
In stark contrast to your state CORI, which is a record of case disposition and court procedure that is entered by a court’s Probation Department, maintained by the Office of the Commissioner of Probation (“OCP”) and disseminated by the Department of Criminal Justice Information Services (“DCJIS”), your FBI Identification Record is essentially an arrest and fingerprint record maintained by the Federal Bureau of Investigation (“FBI”) and disseminated by the FBI’s Criminal Justice Information Services (“CJIS”) division. Therefore, the FBI Identification Record typically identifies the arresting police department, court name, date of arrest and criminal charge but, unlike the state CORI, not the case disposition (i.e., the final outcome) because it does not track the state court case.
Can you seal or expunge a FBI record?
Maybe. Unlike the state CORI that is governed by criminal statutes specific to both the sealing and expunging of criminal records under the Massachusetts General Laws, there are no corresponding federal laws specific to the sealing or expunging of FBI Identification Records under the United States Code (“U.S.C”). It is therefore incumbent for the state and FBI to agree upon and implement specifications to facilitate this process. Under Massachusetts General Laws Chapter 276, §100T, the state should now automatically request that the FBI expunge your FBI Identification Record if your corresponding state record (CORI) is successfully expunged.
However, this automatic expunging of the FBI Identification Record might not necessarily apply retroactively to the enactment or implementation of §100T, so you should consult an attorney in this regard. The sealing of your FBI identification record may be possible in certain circumstances, subject to the specifications between each individual state and the FBI. Generally speaking, your state criminal record must be sealed first. If you were the subject of an arrest, you should consult an attorney.
Why update an FBI record?
Your FBI identification record can only be expunged or sealed in limited instances. Therefore, if you received a favorable final case disposition such as a not guilty, dismissal, or nolle prosequi, you will certainly want it to be updated to be accurately indicated on the FBI Identification Record for the obvious reason; that is, to show that you received a favorable disposition so that whoever performs an FBI background check won’t otherwise draw an unfair adverse inference against you that is derived from an incomplete FBI Identification Record.
Having the final court disposition listed on your FBI Identification Record will also provide positive proof that your case was closed and is not still open and pending. Your FBI identification record should always be updated in the case of an incomplete favorable entry.
Why correct an FBI record?
The FBI record should similarly be challenged in the case of a potentially harmful erroneous entry. For example, criminal charges are oftentimes amended and reduced during the criminal process, and you will certainly want the lesser criminal charge indicated on your FBI Identification Record as opposed to the original and far more serious and damaging criminal charge that was originally documented.
Contact A Boston Area FBI Records Lawyer
Do not risk future opportunities or embarrassment by failing to update, seal or expunge your FBI arrest record. Let the Law Office of Philip L. Arnel help. To schedule a free initial consultation, call 888-651-2150 or fill out an online contact form today.