When it comes to background checks, many assume that the California Department of Justice (DOJ) report is the most comprehensive source. Typically, this is true, especially when dealing with state matters such as expungements and criminal record searches. However, a recent case presented an unusual anomaly: a felony conviction from the 1990s was absent from the DOJ report but appeared on a federal background check, causing issues for my client applying for Global Entry.
This discrepancy sheds light on the critical distinction between state and federal background checks, particularly when older felonies or serious offenses are involved.
State vs. Federal Background Checks
In California, the DOJ background check (RAP Sheet) covers most criminal records in the state, including arrests, charges, and convictions from county courts. This is generally sufficient for most legal and employment-related purposes. In fact, for criminal expungements, we often rely on this comprehensive system, which contains a wealth of information.
However, federal background checks, sometimes referred to as FBI background checks, operate on a national level. They include crimes that fall under federal jurisdiction, but they may also reflect state convictions that haven’t been fully cleared or updated in the state’s system. This can result in a conviction that appears in the federal system but not in state records.
The Case of the “Invisible” Felony
In this particular case, a felony from the mid-1990s in Los Angeles County didn’t show up in the California DOJ report, even though it still existed in federal records. My client only discovered the issue when applying for Global Entry, which runs background checks through federal databases. This posed a problem, as the DOJ’s omission might have given the impression that the conviction was “gone” or forgotten at the state level—yet it was still accessible federally.
While California’s DOJ background check is often sufficient, it’s important to recognize that some cases, especially older or more serious felonies, may linger in federal databases. This is particularly relevant for anyone undergoing checks for federal programs like Global Entry, TSA PreCheck, or certain types of employment.
Why the Discrepancy?
The gap between state and federal records can be attributed to several factors:
- Data Lag: State systems, especially older records, may not always update in sync with federal databases.
- Jurisdictional Differences: Certain offenses, even if prosecuted in state courts, might also be recorded federally if they meet certain criteria or are flagged by federal authorities.
- Technological Limitations: State and federal systems may not communicate as seamlessly as we’d expect, particularly when dealing with records that are decades old.
What to Do If This Happens to You
If you’re facing a similar issue where a record doesn’t appear in your state’s background check but shows up federally, it’s essential to:
- Run a Federal Background Check: While California DOJ reports are thorough, federal checks provide an additional layer of insight, especially for individuals applying for programs like Global Entry.
- Consult with a Criminal Defense Attorney: A legal professional can help determine whether the record can be addressed through expungement or other means, both at the state and federal levels.
- Plan Ahead for Federal Programs: If you’re applying for Global Entry or another federal program, ensure all records are accounted for to avoid delays or denials.
This case serves as a reminder that while state background checks are often sufficient, federal records may still hold critical information, especially for older felonies. It’s always best to take a comprehensive approach when addressing criminal records to avoid surprises.
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