I am applying for an apartment and they are required to do a criminal background check. When I was 17 I had a felony charge for credit card fraud in two cases. I was withheld adjudication(if that helps at all) and I was on probation but I completed everything and the case was done with. I'm pretty sure they aren't sealed. I'm also 18 almost 19 years old. I've also held two retail jobs since I finished everything and those background checks went through fine because I got the job. Is there any way the apartment complex would see the charges when I was a juvenile?
Possible but unlikely. This used to happen on a regular basis, then someone in your situation sued FDLE and the problem was fixed. All juvenile records are supposed to be nonpublic, so you should be all right. Good luck.
As a rule, a routine backgroud check should not show any juvenile record, unlike an adult record. Moreover, even if one is found "guilty", as a juvenile; he is adjudicated "delinquent." I don't believe it will be an issue given your question.
Best success!
Richard A. Alexander, Esq.
Juvenile records are confidential and should not show up on background checks. However, more and more these records seem to be turning up when you least expect them to. They are also considered by the state attorney for future plea-bargaining purposes if you're ever arrested for anything in the future.
In your case, you may have the option to seal your arrest and court records if you have never sealed or expunged before and you have never been adjudicated guilty of anything.
This is an option that you should discuss in person by visiting a criminal defense attorney. A criminal defense attorney can handle the sealing of your arrest and court records from beginning to end for you. Then you would not have to worry about this damaging information being used against you.
If anyone does get it, your attorney can have them remove the information by court order and under penalty of contempt of court. Good luck.
Your juvenile records are generally not public. It should not show up on a regular background check. The fact that you have secured two jobs with the required background checks in the past means the system is working as it should. However, you need to know that any law enforcement officer or Assistant State Attorney (prosecutor) will be able to see the past charges if you're pulled over or facing new criminal charges.
No. Juvenile history will not show up. Typically, the only entities or people who can see your juvenile history are people in law enforcement, who have access to FCIC or NCIC.
if it was a juvenile case, and you werent charged as an adult, then your juvenile record is "sealed" and the public can not see it. So you should be fine, unless you voluntarily disclose that information which I wouldnt.
Also for your information, if you stay out of trouble for a few years your juvenile record will automatically be expunged 5 years after you reach 19.
Exceptions to this are:
If the offender, after becoming an adult (turns 18), is charged with or convicted of a forcible felony BEFORE the offender's juvenile record has not yet been destroyed. In this case, the offender's record as a juvenile MUST be merged and retained with the offender's adult record;
If the offender, at any time is "adjudicated" as an ADULT for a forcible felony.
Certain types of lewd and lascivious acts, or sexual battery.
So stay out of trouble for a few years and your record will automatically be expunged for free.
