Will a criminal record in one state show up on a backround check in another state?

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Will a criminal record in one state show up on a backround check in another state?

Trying to get a job in FL had a criminal record in MA and was wondering if that is going to show up when they run the background check in FL?

Asked on June 22, 2011 under Criminal Law, Massachusetts

Answers:

Stan Helinski / McKinley Law Group

Answered 10 years ago | Contributor

Not necessarily.  The state prosecutor (probation or whomever is interested in finding out) actually has to run a "Triple I" for out of state records.  It's not automatic.  

Even if you have a case sealed, there's still some indication on your board of probation record of it's prior existence.  

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunately yes.  A criminal background check is not limited to the state in which you live.  It covers all states.  And it covers Federal convictions as well. The only way that it is sometimes limited is in time.  In other words, a check for the last 10 years or 5 years or what ever.  It may be an idea for you to consider having the record in Massachusetts expunged or sealed in some way in order to erase the record from the public eye.  Be aware, though, that certan agencies that conduct a background check can still see a conviction that has been sealed or expunged.  Consult with an attorney on the matter.   


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