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FBI NICS does not match State record Criminal Records, Expungement

Discussion in 'Criminal Records, Expungement' started by PeterJ, Nov 14, 2012.

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  1. PeterJ

    PeterJ Law Topic Starter New Member

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    I was recently honorably discharged after 15 years of service from the US Army and still maintain a security clearance with the US government. Having this background I am trying to pursue a career in high end contract security both private or government. After my discharge I moved from MA to FL to be closer to this particular industry and to make myself a little more attractive to my career choice I applied for a FL concealed carry permit. The permit process was suspended due to "Incomplete information" that came back from an FBI NICS(National Instant Criminal Background Check System). There were arrests from almost 10 years ago for cases that were dismissed/no conviction. I provided FL with an up to date notarized CORI from MA and this was not enough because the arrests that show on NICS do not have court docket numbers or anything else that could be matched to the dismissed cases on my CORI. When I contacted the arresting agencies and sheriffs department that were involved I only ended up back at square one and the issuing agency here in FL continues to tell me to get the information from the court involved and the courts tell me to get a copy of my record (CORI) which I did and was not good enough for FL. If there are more details needed I can provide them, I am at my wits end with this and I need help with this to move forward with my career and continue to provide for my family. Any help will be greatly appreciated.
     
  2. army judge

    army judge Super Moderator

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    If you were arrested for domestic violence, you'll have a hard getting a carry permit in most states.

    I suggest you contact the court asking them to provide an extract (certified copy) of the case disposotion.

    You mention arrests (in the plural), that is going to be another problem.

    If you were arrested while on active duty, and you maintained a clearance, you might have gotten lucky.

    Sometimes, if you're on active duty and things blow over, you keep yoru clearance.

    But, that isn't a given.

    Finally, even if the charges were dismissed, absent a court order; the arrest information doesn't magically disappear.

    You normally have to do something affirmative to get the arresting agency, the state agency that holds the prints, and the FBI to destroy the arrest records.

    That rarely happens voluntarily, and a state court is hard pressed to order the FBI to destroy your arrest records (mugshot, prints, and arrest report).

    You might want to investigate other career options.

    Or, speak with a lawyer and discuss expunction.

    That again is problematic, because a state court can't order the FBI to destroy federal records.

    You are facing many obstacles.
     

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