Can 1) FBI livescan and 2) DOJ criminal background check reveal sealed juvenile records in California? (say self-check for both)

1) in 2008, I was 27 and submitted a FBI live scan for employment with a bank and it returned with juvenile arrest detail and disposition at age 16 2) in early 2009, successfully sealed this juvy record in Califronia 3) in late 2009, had an interview with a government immigration officer and he approved my petition. Interestingly, he also confirmed that no records of me were found via fingerprint, even though I did disclose this already sealed incident and honestly disclosed all detail along with court order, FBI fingerprint positive match in 2008. He goes "hm... nothing we found here, lucky you". Now I am going through employment check again for a great opportunity but this starts to haunt me again. Can I legally say that I've not been arrested or convicted of crimes to ANYONE incl. gov?

Santa Clara, CA -

Attorney Answers (3)

David Jon Pullman

David Jon Pullman

Juvenile Law Attorney - San Rafael, CA
Answered

A juvenile adjudication is not technically a criminal conviction, so unless they ask specifically for a juvenile adjudication, you can legally say that you have never been convicted of a crime. If your records were properly sealed, they should not come up on any background check.

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David Jon Pullman

David Jon Pullman

Juvenile Law Attorney - San Rafael, CA
Answered

A juvenile adjudication is not technically a criminal conviction, so unless they ask specifically for a juvenile adjudication, you can legally say that you have never been convicted of a crime. If your records were properly sealed, they should not come up on any background check.

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John M. Kaman

John M. Kaman

Criminal Defense Attorney - San Francisco, CA
Answered

In CA Labor Code 432.7 makes it illegal for an employer to ask about arrests that didn't result in convictions. If you had your juvenile record sealed no one should be able to see it now. If you want to be sure it's not on your record do a livescan fingerprint check. Check this site for instructions about how to do it: http://ag.ca.gov/fingerprints/security.php.

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