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My Record was Expunged. Does This Mean I Don’t Need to Report the Conviction on My Security Clearance Application? No. Even if your record has been expunged, you should still be prepared to talk about any OUI or DUI convictions you have received.California criminal expungement is a process that petitions the Court to review a conviction and allows a defendant to withdraw their plea or finding of guilt; a new “Not Guilty” plea is entered by the Court, and the case is ordered dismissed, and the conviction set aside.In 2021, the Virginia General Assembly passed a new law that will greatly expand eligibility for record sealing. Non-convictions, many misdemeanor convictions, and some felony convictions will be eligible for sealing, and some of these records will be automatically sealed instead of the typical court process.
- Drug abuse.
- Illegal drug possession.
- Diagnosis of drug abuse or dependence by a medical professional.
- Evaluation of drug abuse or dependence by a licensed social worker.
- Failure to successfully complete a prescribed drug treatment program.

What can affect your security clearance?
- Drug abuse.
- Illegal drug possession.
- Diagnosis of drug abuse or dependence by a medical professional.
- Evaluation of drug abuse or dependence by a licensed social worker.
- Failure to successfully complete a prescribed drug treatment program.
What does a California expungement mean?
California criminal expungement is a process that petitions the Court to review a conviction and allows a defendant to withdraw their plea or finding of guilt; a new “Not Guilty” plea is entered by the Court, and the case is ordered dismissed, and the conviction set aside.
Expunged or Sealed Records and Security Clearances
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Can you seal a felony record in Virginia?
In 2021, the Virginia General Assembly passed a new law that will greatly expand eligibility for record sealing. Non-convictions, many misdemeanor convictions, and some felony convictions will be eligible for sealing, and some of these records will be automatically sealed instead of the typical court process.
How do you get your record expunged in VA?
To obtain an expungement, you will file a formal petition for expungement in the circuit court of the jurisdiction where you were arrested and/or charged. You must also submit to fingerprinting when submitting your petition. Your fingerprints are used to pull up your criminal records in Virginia.
How far back does secret clearance go?
The clearance process for Secret level access uses an investigation called the National Agency Check with Law and Credit that goes back five years, while the clearance process for Top Secret uses a Single Scope Background Investigation that goes back ten years.
What are disqualifiers for secret clearance?
- Allegiance to the United States.
- Foreign Influence.
- Foreign Preference.
- Sexual Behavior.
- Personal Conduct.
- Financial Considerations.
- Alcohol Consumption.
- Drug Involvement.
Will my expunged record show up on a background check in California?
An expunged arrest is removed completely from the public record. Sealing court records generally only applies to crimes committed by juveniles. The arrest and conviction will remain on the person’s record but can only be seen by court order. Sealed records should not turn up in a criminal background check.
See some more details on the topic will expunged record show up on security clearance here:
Expungements and Your Clearance – ClearanceJobs
And since the reality is that removal of expunged records from criminal databases can be spotty, many times the record you thought was expunged …
Expunged Records – SECURITY CLEARANCE Q&A
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Having a criminal record does not automatically disqualify you from getting a security clearance from the United States government.
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In short, regardless of what your attorney advised you with respect to the effect of an expungement, the bottom line is that TSA has and will …
Who can see expunged records in California?
Criminal records are “public records.” So anyone can access a criminal record even after a PC 1203.4 expungement — unless the record is sealed. People who often access criminal records includes potential employers, landlords, and licensing agencies.
What crimes Cannot be expunged in California?
- Child pornography crimes.
- Certain sexual assault crimes.
- Committing lewd acts with a minor.
- Failure to submit to a police inspection of vehicle.
Does a misdemeanor show up on a background check after 7 years?
A misdemeanor stays on your record for life unless you successfully petition for expungement. There is no preset “expiration date” for misdemeanor crimes. Even though misdemeanor offenses are less serious than felonies, they are still serious breaches in the eyes of the law.
How long does a felony stay on your record in Virginia?
The most straight-forward answer is: forever. Regardless of whether you are only convicted of a first-time offense, such as possession of marijuana or reckless driving, these convictions will stay on your record forever. Virginia law makes no distinction between misdemeanors or felonies in this respect.
How much does expungement cost in Virginia?
What does it cost to file an expungement petition in Circuit Court? The cost of an expungement proceeding can vary a little, based upon local charges. The fee for filing a proceeding is currently around $84 and the cost of serving the petition on the state is $12, for a total of $96.
What felonies Cannot be expunged?
Crimes involving violence, endangerment to children, kidnapping, sexual assault, robbery, arson, terrorism, and severe injury or death of another person typically are not eligible for expungement.
Stop Expunged Or Sealed Records From Appearing On Background Checks
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What can be expunged in Virginia?
Your criminal record may be expunged if: you were charged with a crime but acquitted at trial. the charges against you were dismissed, or “nolle prossed,” or. your name or other identification was used without your consent to commit a crime.
How long does it take for a criminal record to clear?
If the person was 18 years of age or older at the time of the offense (i.e. legally considered to be an adult), then the conviction will be expunged from their record 11 years after the conviction date (not the offense date).
What causes a red flag on a background check?
Common background report red flags include application discrepancies, derogatory marks and criminal records.
What do they check in top security clearance?
Security screening
Reliability checks are done by verifying personal data, criminal records check, credit check, educational, and professional qualifications, data on previous employment and references.
What do they check in a security clearance?
Credit and criminal history checks will be conducted on all applicants. For a Top Secret security clearance, the background investigation includes additional record checks which can verify citizenship for the applicant and family members, verification of birth, education, employment history, and military history.
What percentage of security clearances are denied?
But don’t lose heart – 20-30% of all interim security clearances are denied, but that is vastly different than the figure of final clearance denials, which hovers around 1%. Your interim Top Secret security clearance may be denied for a number of reasons. It’s all about risk mitigation for the government.
Can you get security clearance with a criminal record?
Security clearance applications are treated on a case-by-case basis, and any criminal record will be considered in light of the circumstances, the age of the offence and your age at the time. Failure to disclose a criminal record will, however, prevent you from gaining security clearance.
Is polygraph required for secret clearance?
Polygraph tests accompany some Top Secret or TS/SCI clearances; however, they are not required to obtain either type of clearance and are not part of the clearance background investigation.
How far back does a FBI background check go?
Most states restrict the information to seven years, but others allow a 10-year history to be reported, but only for fingerprint checks. Since a FBI background check is different, there’s no limit on the length of time this sort of security check might examine.
How far back do DOJ background checks?
Background Checks in California go back seven years. California follows the general seven-year rule of the Fair Credit Reporting Act (FRCA). A criminal offense cannot be included on a background check if it is older than seven years, unless another law requires that the older history be included.
What shows up on a background check?
- Criminal history, including arrests and convictions.
- Driving history, including traffic violations.
- Personal debt collection history.
- Education history.
- Social media presence.
- Credit history.
- Employment history.
- Work authorisation.
What’s Checked in a Secret Investigation?
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What percentage of security clearances are denied?
But don’t lose heart – 20-30% of all interim security clearances are denied, but that is vastly different than the figure of final clearance denials, which hovers around 1%. Your interim Top Secret security clearance may be denied for a number of reasons. It’s all about risk mitigation for the government.
Can family members affect security clearance?
Under certain circumstances, an applicant’s spouse or cohabitant may be subject to a security check. If you are processed for a Top Secret level clearance, a national agency check will be run on your husband or wife; however, this check would be conducted with their permission.
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