Bank background check on sealed records

Asked 7 months ago - San Diego, CA

Got caught when i was 16 stealing a small amount from a store and the cops came but i wasnt arrested or fingerprinted. I just got a ticket to pay and it was sealed because i was underage. Can a bank see this based on Section 19 of the FDIA in their pre employment background check or is it untraceable even with the fingerprint FBI background checks?

Attorney answers (4)

  1. Greg Thomas Hill

    Contributor Level 20

    5

    Lawyers agree

    Answered . I would ask Christine McCall, who posts regularly here on Avvo, this question. She is by far the most knowledgeable about this.

    I would pose your question directly to her and pay her rather than trying to cobble together a bunch of free advice that may be contradictory and, although meaning well, simply wrong.

  2. Robert Laurens Driessen

    Contributor Level 20

    4

    Lawyers agree

    Answered . Please understand that juvenile records are not sealed automatically. You need to go back to court to request it. If the record is sealed it will not appear.
    Robert Driessen

    Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated... more
  3. David Philip Shapiro

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . Are you sure it was sealed? Definitely want to consult with an experienced licensing attorney.

  4. Marilynn Mika Spencer

    Contributor Level 20

    2

    Lawyers agree

    Answered . There are different levels of background checks. Background checks can be superficial or can be detailed and intensive. It all depends on what the employer wants to pay for. Intensive background checks are more likely in certain kinds of jobs, and the areas investigated may vary with the type of job involved. Here is a brief overview:

    In California, private and public sector employers and state licensing agencies most often use the California Live Scan (CLS) for a criminal background check. The CLS is inexpensive and takes only about 72 hours. You can request your own CLS check by providing your fingerprints and the $25 processing fee to the California Department of Justice, and following the instructions here: http://oag.ca.gov/fingerprints/security.

    In all states, court records are a common source of information for background checks. These records are open to the public and anyone can gain access to them. Many court records are available on the Internet and can be found easily and without charge. If you have been a party in a lawsuit (plaintiff, defendant, appellant, respondent, complainant, etc.), that information will show up in this kind of background check.

    If an employer conducts a criminal background check, it will probably reveal all adult arrests and convictions for misdemeanors or felonies. Other related information will show up, too, such as diversionary programs, pre-trial intervention, conditional discharges and more. In some states, part of this information can be removed from public records by a process called expungement. Not all criminal records can be expunged. In California, there is no option to expunge criminal records. You may be able to set aside the judgment per Penal Code section 1203.4 or perhaps seal the record per Penal Code section 851.8. These options should be discussed with an attorney in a confidential meeting.

    Expect that anything easily available in the public records will show up in a background check. This includes bankruptcies, residential property ownership, names of officers of corporations, and more.

    Also, a lot of information can by found by a simple Google search. Try searching for yourself on Google. Put your name in the search box within quotation marks. Do a separate search for each nickname you have. For example, if your name is Oliver Wendell Holmes, you might search for yourself under all these names:

    "Oliver Wendell Holmes"
    "Oliver Holmes"
    "Wendell Holmes"
    "Ollie Holmes"
    "Olly Holmes"
    "O. Holmes"
    "O.W. Holmes"

    Finally, background checks may contain incorrect information. For example, many employers use a service to conduct background checks; some of these services operate outside the country and may have little incentive to ensure accurate results. Also, some services arrange information in a confusing or misleading manner. Plus, clerical or other errors interfere with accuracy. If an employer conducts a background search on you and finds inaccurate information, you will probably never know and never have the opportunity to correct it. You just won’t get the job. For this reason, you may want to purchase a good-quality background check on yourself to see what is out there and what you need to do to correct information at the source.

    @MikaSpencer * * * twitter.com/MikaSpencer * * * PLEASE READ: All legal actions have time limits, called statutes... more
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