Legal Question in Criminal Law in Illinois
Expunged records and background checks.
In my college days, I was arrested for possession of a controlled substance. I was given 1410 probation (not a conviction), and fufilled the terms of it. 5 years later, I had the arrest expunged.
I've recently accepted a position with a large bank. In the orientation package they mailed out, there is a fingerprint card that they say they are going to send to the FBI (NCIC?) for verification. My question is, will my past arrest show up in the search? I currently have a job and don't want to give my two weeks notice to my current employer only to have the offer rescinded based off this past indiscretion that took place 13 years ago. That would leave me with no job! Any advice would be helpful.
2 Answers from Attorneys
Re: Expunged records and background checks.
The expungement order does not include the FBI.
Re: Expunged records and background checks.
In these days of the Internet, the effectiveness of expunge and seal orders is severely compromised. It is my experience that you would be better off to reveal the information to your prospective employer than risk it be found out without your input.
While 1410 probation properly handled is not a conviction and you may truthfully answer an application that you have not been convicted of a felony, you are probably better off to assume the information will be discovered.
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