Does law enforcement have access to expunged records ?
| A person having a criminal arrest record has to face various complications in life even if he is not found guilty or convicted of crime. These complications include difficulty in getting a job, admission into schools, getting loans, and housing, grants, getting a professional license, security clearance and problems in personal relationships. |
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Hence, it is very important to get such criminal arrest records expunged. Expunction of criminal arrest records is possible only through orders issued by the court of law.
Expunction means termination of criminal records in favor of the accused. However, all the expunged records are maintained in the central criminal information database. Database on criminal justice is extremely confidential information that is maintained by NCIC under strict regulations. Access to the database is restricted and is only granted to criminal justice agencies, non-criminal justice agencies authorized by the federal or state statute, individuals having specific agreement with the criminal justice agency, court officials, a county or district’s clerk office and other law enforcement agencies.
Law enforcement officers can dig up the expunged records of an individual for the purpose of investigating a criminal case, prosecution or sentencing, only if the person is under suspicion. However, this should be done with the consent and orders of the court of law. However, expunged records could also be checked without a court order for the purpose evaluating a prospective employee’s criminal background while being recruited into criminal justice agency. Also, law enforcement officers need to verify expunged records in situations where the individual has requested for a National Security Clearance Certificate in connection with employment in armed forces and other government agencies. It is illegal to acquire access to expunged records of a person and disclose it to the public without the consent of the court.
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