Will My Sealed/Expunged Record Show Up In An NCIC/FCIC Record Check?
When you have a record sealed or expunged, you’d like to believe that it is hidden or removed from all databases that could negatively impact a record check. For the most part, this is true. However, your criminal record will be shared with the databases of the Florida Crime Information Center (FCIC) or the National Crime Information Center (NCIC).
On this page, I’ll provide an overview of these databases and how they work. If you have additional questions after reading, I invite you to contact my firm, Jonathan B. Blecher, P.A., to get your questions answered during an initial consultation.
How And Which Criminal Records Are Reported To The FCIC And NCIC
The Florida Department of Law Enforcement (FDLE) is responsible for running the FCIC. Local jurisdictions throughout Florida provide the FDLE with criminal law data from arrest records through the end of each case. The data is entered into the FCIC and is also forwarded to the National Crime Information Center.
The NCIC aggregates records provided by agencies from all 50 states. It updates those records to include arrests and other actions taken by federal law enforcement agencies.
How Do These Databases Respond To An Expunged Or Sealed Record?
If a Florida criminal record has been officially sealed or expunged, the FDLE will remove public access to it and will erase it from the person’s criminal history. Any changes to the FCIC are forwarded to the NCIC, where the expunged/sealed records are redacted. Once these records have been removed/redacted from the NCIC, they should no longer be visible to law enforcement agencies outside of Florida.
Sealed/Expunged Records May Remain Visible In A Different Federal Database
When federal agencies need to conduct background checks relevant to issues of national security, they rely on the National Name Check Program (NNCP). This informational database is shared between federal agencies and is typically consulted before granting:
- Security clearances
- Employment or appointment to certain federal government positions
- Reentry to the United States
- Visas or changes in visa status
- Other immigration or naturalization benefits
The takeaway is that having your record sealed/expunged will hide it from public view in the FCIC and the NCIC. However, it is reasonable to assume the record will remain accessible through NNCP and could impact your ability to obtain one of the benefits listed above.
Have Additional Questions? Contact My Firm For Knowledgeable Answers.
Jonathan B. Blecher, P.A., is based in Miami and serves clients throughout the surrounding areas. To learn more about your expungement/record sealing options, contact my firm to schedule an initial consultation. Just call 305-321-3237 or send me an email.
