If your record was expunged (in Oregon, “set aside”), you may wonder whether it will still appear when you are fingerprinted. In most cases it should not, once the record has been updated everywhere. The catch is that updates don’t always reach the FBI quickly. Here is how it works and how to check.
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Do expunged records show up on fingerprint checks?
| Situation | What usually happens |
|---|---|
| Set aside in Oregon and the FBI was updated | The record should not appear on most employment and licensing checks |
| Set aside, but the FBI wasn’t updated yet | The old arrest or conviction may still appear |
| Certain sensitive jobs or law enforcement uses | Some agencies may still see sealed records by law |
| Set aside in another state | Depends on that state’s law and whether it notified the FBI |
How Oregon set-asides work
Oregon allows many arrests, dismissed charges and some convictions to be set aside by court order. After a set-aside, the record is sealed and, for most purposes, treated as if it did not occur. Eligibility depends on the offense and waiting period; a lawyer or legal aid office can tell you whether you qualify. Some set-aside filings require fingerprints; our expungement fingerprinting service handles those.
How to make sure your FBI record is updated
- Get certified copies of the set-aside order from the court.
- Request your own FBI Identity History Summary to see what still shows. See FBI background check.
- If the record still appears, ask the agency that reported it (or Oregon State Police) to update the FBI, or challenge the record with the FBI directly.
- Keep the court order handy for employers until the FBI record is fixed.
Related questions
Expungement, set-aside and sealing: what’s the difference?
- Expungement is a general term for clearing a record. Each state uses its own words and rules.
- Set-aside is the term Oregon uses. The court seals the record, and in most situations it is treated as if the arrest or conviction never happened.
- Sealing means the record still exists but is hidden from most public and employer searches.
When a cleared record can still matter
Even after a set-aside, a record may matter in some situations, such as certain law-enforcement jobs, some professional licenses or immigration cases. Federal agencies may also see older information if the FBI was never updated. If your situation involves any of these, talk to an attorney before you answer questions about your record.
Check before you apply
The simplest way to know what an FBI check will show is to request your own record. Our FBI background check service takes your prints and submits the request electronically for $135. If something should have been removed, take the report and your court order to an attorney or the agency that reported it.
Frequently asked questions
Do I have to disclose an expunged record?
Often not, but it depends on the question and the purpose (some licensing and government applications ask anyway). Read the wording and ask a lawyer if unsure.
How long does the FBI take to update?
It varies. Challenges are handled in the order received, so start early if you have a deadline.
General information, not legal advice.
