Fortunately here at ENLawyers we are able to help many of our clients with expungement paperwork.  It’s one of the simple pleasures of the job.  After a case is dismissed, you fill out a few pieces of paper and pay a small fee and the case disappears. All traces of your case will disappear from State of Maryland records.

Expungements: When it doesn’t really go away

Or does it really vanish?  If you were arrested and fingerprinted, your information would automatically be transmitted to the FBI’s NCIC database (National Crime Information Center).  Once it hits the NCIC, it is forwarded to many public background check companies, such as LexisNexis’ Accurint, TLO, or Thompson Reuters service.  Those private companies compile background information from public records, credit reports, and other data repositories and perform background checks for private investigators and companies.

The FBI does not abide by local state expungement laws and there is no federal expungement statute.  Furthermore, the FBI is not required to abide by state laws.  So a state expungement does nothing to clear your record from the NCIC and the database companies that tap into them.  

Expungements: The solution

Through a painstaking process, you can go to each of the private background check companies (Accurint, TLO, Clear, etc) and have the expunged case removed.  It is a long and difficult process that requires multiple letters, packets of information, and phone conversations with the providers to clear the information.  It does not remove the case from an FBI background check, so if you are applying for a job with a security clearance, you need to disclose the encounter with the law or face additional criminal penalties for lying to a federal agent or on a federal application.

ENLawyers Bottom Line

We have successfully worked with our private investigative partners to remove traces of several of our client’s past mistakes.  It isn’t quick and easy, but it is an effective solution for any client who has a job that may expose him to the risk associated with an old case.  If you find yourself in such a situation, don’t hesitate to call ENLawyers at 443-559-4384 or email at info@enlawyers.com