If you’re considering expungement, you might wonder whether it can remove your record from federal databases. While expungement in Illinois can clear your record from public view and state-level systems, it typically doesn’t affect records held by federal agencies like the FBI. Understanding what expungement can and can’t do is essential, and working with an attorney can help you explore all your options for clearing your record.
Find out if you’re eligible for expungement here.
Can Expungement Remove a Record from Federal Databases?
Expungement removes qualifying records from public view at the state level, but federal databases operate under separate rules. This guide explains the following:
- How expungement works at the state level
- Why federal databases are typically unaffected by state expungement
- What types of records federal agencies may retain
- Options for addressing records in federal databases
- How an attorney can help clarify your situation
Here’s a closer look at each.
How Expungement Works at the State Level
In Illinois, expungement clears certain arrests and charges from state and local databases. Once a record is expunged, it’s either destroyed or returned to you, and it no longer appears in most background checks conducted by employers, landlords, or other organizations. However, state expungement laws don’t govern federal databases, which operate independently.
Why Federal Databases Are Typically Unaffected by State Expungement
Federal agencies, including the FBI, maintain their own databases, such as the National Crime Information Center (NCIC). These databases often contain arrest and conviction information provided by state and local agencies. Expunging your record at the state level doesn’t automatically remove it from federal systems because state courts don’t have jurisdiction over federal agencies.
What Types of Records Federal Agencies May Retain
Federal databases may include:
- Arrest records reported by state and local agencies
- Convictions, including those later vacated or dismissed
- Fingerprint records collected at the time of arrest
While expungement may remove these records from state systems, federal agencies often retain them unless specific steps are taken to request their removal.
Options for Addressing Records in Federal Databases
If your record appears in a federal database, you may need to take additional steps to address it. This could involve:
- Filing a petition to correct or update inaccurate records
- Requesting removal of outdated or irrelevant information
- Exploring options for expunging records held by the FBI
Find out how to expunge your FBI record here.
Your attorney can help you understand your options and determine the best course of action based on your specific circumstances.
How an Attorney Can Help Clarify Your Situation
An experienced attorney can review your case and explain what expungement can achieve at both the state and federal levels. They can guide you through the process of clearing your record in Illinois and advise you on additional steps you may need to take for federal databases. While expungement may not automatically remove records from federal systems, your attorney can help you pursue the best possible outcome for your situation.
Find out if you’re eligible for expungement here.
FAQ About Expungement and Federal Databases
Check out these commonly asked questions about expungement and federal databases. If you don’t see your question here, please call our office and we’ll find you the answers you need.
Does Expungement Automatically Remove Records From the FBI?
No, expungement in Illinois typically doesn’t affect records held by the FBI or other federal agencies.
Can You Request Record Removal From Federal Databases?
Yes, you may be able to petition for record removal or correction in federal databases. Your attorney can help you explore this process.
Do Expunged Records Show Up on Federal Background Checks?
Yes, in some cases, records expunged at the state level may still appear in federal background checks conducted by agencies like the FBI.
What Can You Do if Your Record Appears in a Federal Database?
You may need to file a separate petition or request with the federal agency holding your record. An attorney can guide you through this process.
How Can an Attorney Help With Federal Records?
An attorney may be able to review your situation, explain your options, and assist you in pursuing record corrections or removal at the federal level.
While expungement can clear your record at the state level, federal databases often require additional steps. Working with an experienced attorney can help you navigate this complex process and pursue the best possible outcome. Find out how to expunge your FBI record here.
Do You Need to Talk to an Attorney About Expungement or Sealing?
If you’re tired of your criminal past coming back to bite you, we may be able to help. Call us right now at 847-920-4540 or fill out the form below so we can talk about your case.
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