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Won’t the FBI continue to report my criminal history?

April 26, 2017Continue criminal fbi History report

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Won’t the FBI continue to report my criminal history?

2 Answers

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A. The FBI is governed by federal law, not State law. As such, the FBI is not required to honor State court orders to expunge criminal records. However, as a matter of course, the FBI does routinely honor such orders.

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A. As part of its processing, New Jersey State police notifies the FBI when history of an arrest or a conviction has been expunged. Federal law then requires the FBI to honor that information. This requirement is spelled out in the Code of Federal Regulations. More particularly, 28 C.F.R. Section 16.34 specifies, “Upon the receipt of an official communication directly from the agency which contributed the original information, the FBI CJIS Division will make any changes necessary in accordance with the information supplied by that agency.” The bottom line is that the FBI will then report that no record exists.