Can Background Checks See Juvenile Records

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Can Background Checks See Juvenile Records

Potential employers who conduct background checks are forbidden from accessing the sealed information, and it is legal for adults whose juvenile records have been sealed or expunged to answer no” when asked if they have been convicted of a crime. Now that background checks have become so ubiquitous, it is good to know that it is possible to get convictions and arrests sealed or otherwise made non-public, so you do not have to report them to employers when they ask about past criminal records. If a juvenile court record is sealed, it may still be accessed in a few situations - for example, when you apply for a job in the field of law enforcement or health care, if you committed a driving offense, or when the DMV checks your background. Criminal History Records, or background checks, consist of fingerprint-based records and disposition information submitted by law enforcement agencies and courts throughout Washington.

One of the greatest benefits of this is that if you are asked whether you have a criminal history, you can legally say no. (Assuming, of course, that you didn't get into trouble afterward.) And if a prospective employer, college, government agency, or other agency or individual checks your background, your juvenile court history will not usually show up. (There are limited exceptions to this rule, discussed just below.) Having your juvenile record expunged can be a great advantage when you later apply for a job , professional license, or in any other situation where having a criminal history might negatively affect you. Background check statutes also may provide for examining criminal history other than convictions (such as arrest records), juvenile records, child maltreatment or vulnerable adult reports, or employment history. The two main types of records used in background checks are court records and arrest and conviction information maintained by law enforcement agencies.

It is also estimated that one out of three young people will be arrested by age 25. With nearly 90% of employers using background checks in the hiring process, it is essential for employers to understand that juvenile records should never be used to deny employment. If now-adults go through the process of sealing their juvenile records(sometimes referred to as "expungement"), any crimes committed when they were younger won't show up in a background check...and they don't have to tell potential employers about these crimes either. If now-adults go through the process of sealing their juvenile records (sometimes referred to as "expungement"), any crimes committed when they were younger won't show up in a background check...and they don't have to tell potential employers about these crimes either.

However, employers may still see any juvenile arrests, charges, or adjudications if they conduct a criminal background check and the record has not been expunged - and this may make finding a job more difficult in some cases. Under Florida law, adult criminal history records are public unless sealed or expunged. Except as otherwise provided by law (e.g., 12 U.S.C. 1829; Labor Code Section 432.7), it is unlawful for an employer or other covered entity to inquire or seek information regarding any applicant concerning: (A) Any arrest or detention which did not result in conviction; (B) Any conviction for which the record has been judicially ordered sealed, expunged, or statutorily eradicated (e.g., juvenile offense records sealed pursuant to Welfare and Institutions Code Section 389 and Penal Code Sections 851.7 or 1203.45); any misdemeanor conviction for which probation has been successfully completed or otherwise discharged and the case has been judicially dismissed pursuant to Penal Code Section 1203.4; or (C) Any arrest for which a pretrial diversion program has been successfully completed pursuant to Penal Code Sections 1000.5 and 1001.5."

http://sls.sdes.ucf.edu/wp-content/uploads/sites/2/2016/04/sealing-expungement.pdf

https://www.jmls.edu/clinics/pro-bono/pdfs/juvenile-expungement.pdf

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