You cannot fix what you cannot see. Before you can make decisions about expungement, before you apply for a job or an apartment, before you make any plans at all — you need to know exactly what is on your record. Not what you think is there. Not what you remember. What the databases actually say.
There are three separate places your criminal history lives, and they do not always match. Your state's criminal records repository, the FBI's national database, and private background check companies each have their own version of your record. A charge that was dismissed in court might still appear on a commercial background check. An arrest from twenty years ago might be on your FBI record even if the state no longer shows it. Knowing what each source says is the starting point for everything.
This guide explains how the law works in general terms. Whether you qualify depends on your specific record, and a judge makes the final call. If your situation is complicated — multiple convictions, charges in multiple states, or a previous denial — consulting a lawyer who handles expungement is worth the cost of a consultation.
The three places your criminal record lives
- 1.State criminal records repository — maintained by your state police or equivalent agency. This is the official state record. It includes every arrest, charge, and disposition reported by state and local law enforcement agencies. This is the database that state-level background checks pull from.
- 2.FBI National Criminal Database (NCIC/III) — maintained by the FBI Criminal Justice Information Services (CJIS) division. This database aggregates criminal history information reported by states and federal agencies. It is used for federal background checks, firearms purchase checks (NICS), and some professional licensing checks.
- 3.Private background check companies — companies like Checkr, Sterling, First Advantage, LexisNexis, and dozens of others maintain their own databases compiled from court records, state repositories, and other sources. These are the databases most private employers and landlords use. They are governed by the FCRA but can contain errors and outdated information.
These three sources do not automatically sync with each other. An expungement order updates the state repository, but the FBI database and private companies may lag behind or require separate notification.
Step-by-step: how to check all three
How to find out what is on your record
Request your state criminal history
Varies by state • State-set feeRequest your FBI Identity History Summary
Varies by request method • Federal fee plus any channeler feeRun a commercial background check on yourself
Varies by report type • Free disclosure or paid self-checkSearch court records directly
Quick online search or longer records request • Free search or copy feeCheck data broker and people-search sites
Quick public search • Free search or optional paid detailWhat to do with what you find
Once you have your records from all three sources, compare them. You are looking for several things:
- Accuracy — are the charges, dates, and dispositions correct? Errors are common, especially on commercial background check reports.
- Completeness — does the report show cases that were dismissed, acquitted, or never prosecuted? These should be removable.
- Expungement eligibility — for each conviction, check the offense class, the date of sentence completion, and whether the waiting period has passed in your state.
- Discrepancies between sources — if your state record shows a case as dismissed but a commercial report shows it as a conviction, you have a dispute to file.
- Records from other states — if you have lived in multiple states, your FBI report may show records from states other than where you currently live. Each state has its own expungement process.
- Active warrants or outstanding fines — these will block expungement. Resolve them first.
The goal is to have a complete picture. Most people are surprised by at least one item on their record — either something they did not expect to be there, or an error in how a case was reported.
If a background check company is wrong, the FCRA generally gives it 30 days to investigate after it receives your dispute.
Common errors on background checks
Background check reports are not always accurate. Studies by the National Consumer Law Center have found that a significant percentage of criminal background check reports contain errors. Common problems include:
- Charges reported as convictions — a charge that was dismissed or resulted in an acquittal may be incorrectly reported as a conviction.
- Wrong person — a record belonging to someone with the same or a similar name may appear on your report. This is sometimes called a "misfile."
- Missing disposition — a report may show an arrest but not the final outcome (dismissal, acquittal, completion of diversion program).
- Duplicate entries — the same case may appear multiple times under different case numbers or with different formatting.
- Outdated information — records that have been expunged, sealed, or dismissed may still appear because the background check company has not updated its database.
- Charges from records in other jurisdictions — records from counties or states you have never lived in, belonging to someone else, attached to your profile.
If you find an error, you have the right to dispute it under the FCRA. The background check company must investigate and respond within the FCRA reinvestigation window. Document everything and send disputes in writing.
Not legal advice. This guide explains how the law generally works. Your situation may be different. A lawyer who specializes in expungement can tell you how the law applies to your specific case.
The FBI Identity History Summary: what to know
The FBI Identity History Summary (IHS) is the most comprehensive criminal history record available to an individual. It shows everything that state and federal agencies have reported to the FBI over your lifetime. You can request your own IHS for any reason — you do not need to be applying for a job or a license.
To request your IHS, you have two options. You can mail a completed fingerprint card (Form FD-258) with a money order or certified check for the required fee to the FBI CJIS Division in Clarksburg, West Virginia. Or you can use an approved electronic channeler, which costs more but usually delivers results faster than the mail-in route.
The FBI maintains a list of approved channelers at fbi.gov/services/cjis/identity-history-summary-checks. These are private companies authorized to collect your fingerprints electronically and submit them to the FBI on your behalf.
After you check: what comes next
Once you know what is on your record, you have three possible paths:
- 1.Errors to dispute — if any report contains inaccurate information, file a dispute with the reporting company under the FCRA. Include documentation (court records, disposition orders) and send the dispute in writing. The company has to investigate and respond within the FCRA reinvestigation window.
- 2.Records eligible for expungement — use the options guide at expungement.guide to determine whether your convictions qualify for expungement or sealing in your state. If they do, the DIY Kit includes pre-filled forms and step-by-step instructions.
- 3.Records that are not eligible — for convictions that cannot be expunged, know your rights. Many states have Ban the Box laws that limit when employers can ask about criminal history. The FCRA limits what background check companies can report and when.
Start with the errors — those are the quickest wins. Then move to expungement for eligible convictions. For everything else, know your rights under the FCRA and your state's employment laws.
The free options guide takes five minutes and tells you which of your convictions may qualify for expungement in your state. Start there.
You cleared the court record. Now clear the databases.
FCRA dispute letters addressed to 164+ background check companies — ready to print and send.