Warren, MI asked in Domestic Violence and Criminal Law for Ohio

Q: Why does a domestic violence show up on my federal criminal background check when i was dismissed of the charge in Ohio

My record was also sealed my lawyer had done. Could it not been sent to federal government database? Theres nothing of me in the system my lawyer had clerk of courts run me an theres nothing in the system of me in ohio

1 Lawyer Answer
Matthew Williams
Matthew Williams
  • Criminal Law Lawyer
  • Cleveland, OH
  • Licensed in Ohio

A: Some employers are exempt from the record sealing laws and can see a sealed record. Adult records are never truly destroyed. The basic rule of thumb is that any employer who will put the physical safety of living human beings in your hands is exempt: hospitals, schools, law enforcement, day and nursing care, for example. So there are quite a few employers who can see a sealed record.

If it is not an exempt employer, the most likely a simple clerical error. When a record is sealed an order goes out to a bunch of agencies that keep records. That sits on somebody’s desk, or several somebodies’ desks until they get to it. Your lawyer can reach out to the FBI with a copy of the order to correct the error.

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