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Parviz Malakouti-Fitzgerald, Esq.

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  • Writer's pictureParviz Malakouti-Fitzgerald, Esq.

Denied from a Military Base Due to FBI Background Check (Mini Case Study) 

By Parviz Malakouti-Fitzgerald, Esq.

Many U.S. military bases run a background check on visitors before they're allowed to enter

I had a client who was invited to visit a U.S. military base.

In preparation for that visit, the base authorities ran a background check on him (an FBI background check), which revealed a juvenile record. My client was denied the ability to visit, and he was very embarrassed. 

Article Outline:

There are many other people in a similar situation. If you're one of them, this mini case study might be informative.

What Happened?

What showed on my client's FBI Background check was incomplete information from an arrest he had as a juvenile over 10 years prior.

Since that arrest, the case had gone to a final disposition and THEN even been sealed in court years later. 

So why did the record show up on his record? 

The juvenile arrest showed up because the FBI CJIS did not receive the updated record (the sealing order), or even the final outcome of the case after the arrest. For the FBI CJIS to update its record, the criminal record repository in the state in which my client had the juvenile record had to communicate the change to the FBI CJIS. 

I explain how the multi-step process works in this article

How Did This Happen?

Unfortunately, this failure of the FBI CJIS to be updated happens all the time. It results in the FBI background check not showing the most recent events in the criminal case. 

Many people are arrested, charged, negotiate a plea bargain, are convicted then get an expungement and even years later, their FBI Background Check still only shows the initial arrest data and nothing else. 

To an average person reading the FBI Background Check, it can even look like the case is still open. This is obviously terrible if you're relying on that FBI Background Check to try to get some benefit like a second citizenship or some clearance, like my client. 

After getting the a record sealed, or a conviction expunged, vacated, expuncted or dismissed,, you oftentimes must get the FBI CJIS to update their records (if allowed by law, depending on the state of your conviction) in an additional separate process. 

The vast majority of Americans with a misdemeanor or felony conviction are not aware of this. 

The Solution - Update the Record

Solution - Update the FBI record if possible

Here's what the solution was for my client, and for many people in the same situation: 

Step 1 - Order the state-level background check (to review);

Step 2 - Challenge the state-level background check results with a challenge packet showing the conviction, post-conviction relief, the previous un-updated report, and an explanation;

Step 3 - Request the state-level criminal record repository report the updated information to the FBI CJIS 

Step 4 - Get confirmation of state-level criminal record repository updating the FBI CJIS

Step 5- Order the FBI Background Check (for review) to make sure the change was made

If everything goes according to plan, the FBI background check will be updated to reflect the latest post-conviction relief on the criminal case. 

FBI Background Check for Freedom of Movement (Dual Citizenship) 

The example above is just one reason a person would want their FBI Background Check to be up to date after getting an expungement, record sealing or other dismissal. 

There are many other reasons as well.

As an American applying for residency or citizenship elsewhere, you'll probably have to submit an FBI Background Check.

If you have a conviction or any criminal record, you're probably gonna wanna know what shows on your FBI Background Check ahead of time. And if you get that conviction expunged (in states where that's possible) or dismissed for any other reason, you're going to want to make sure the FBI Background Check reflects this fact if possible under law

We can help you do this for California convictions, and possibly some other states as well. 

Consult with Malakouti Law

Malakouti Law is a global mobility and dual citizenship law firm. We help people get second citizenship.

Book a consultation here.

Each immigration and citizenship case is particular and you should consult with a qualified immigration and citizenship lawyer about your case before taking any steps. The Law Office of Parviz Malakouti does not guarantee the accuracy of information presented nor assume responsibility for actions taken in reliance of this information. The information in this page could become outdated. Attorney marketing. 

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