FBI background check vs Juvenile Record

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Can FBI background check your juvenile record?

Attorney Answers

3
Christine Mccall ·
Yes, if the juvenile conviction record is not sealed. It is a myth that all juvenile records are sealed -- or can be. In fact, California provides for a long list of offenses (most of which involve firearms, but not all) which are not sealed or sealable. Where a juvenile record is not sealed, a Petition to Seal can be brought five years after the close of the juvenile case if the individual has not re-offended. The court can exercise its discretion in the interests of justice to seal even records which are on the "not to be sealed" list. Even a pardoned conviction will likely show up -- albeit as a pardoned conviction. (This we take on faith -- there have been too few pardons in the last 35 years -- i.e., the time in which computerized record searches have been enabled -- to really know for sure.) Any conviction that has not been sealed -- including expunged convictions and convictions dismissed after expungement -- are "seen" by the FBI and will turn up on an FBI or Dept. of Justice records check.
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Christine Mccall ·
Yes, if the juvenile conviction record is not sealed. It is a myth that all juvenile records are sealed -- or can be. In fact, California provides for a long list of offenses (most of which involve firearms, but not all) which are not sealed or sealable. Where a juvenile record is not sealed, a Petition to Seal can be brought five years after the close of the juvenile case if the individual has not re-offended. The court can exercise its discretion in the interests of justice to seal even records which are on the "not to be sealed" list. Even a pardoned conviction will likely show up -- albeit as a pardoned conviction. (This we take on faith -- there have been too few pardons in the last 35 years -- i.e., the time in which computerized record searches have been enabled -- to really know for sure.) Any conviction that has not been sealed -- including expunged convictions and convictions dismissed after expungement -- are "seen" by the FBI and will turn up on an FBI or Dept. of Justice records check.
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Nicole Valera ·
You should seal your record as soon as you can. Go to the clerks office at the juvenile court where your case(s) were out of and file the petition to seal there. Remember, juvenile adjudications are not considered criminal "convictions" under the law, but if the FBI is looking into a background check of you, that nuance may not matter to them. Good luck!
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