I was recently hired by Aldi and am going through the background check, I am kind of worried. I got in trouble when i was 16 and also when i was 18 for under age consumption but it was expunged and when i was 19 i got a disorderly conduct. What can they see and what cant they see out of those?
Criminal Defense Attorney
The short answers to your questions are NO, EMPLOYERS CANNOT SEE JUVENILE RECORDS and NO, THEY GENERALLY CANNOT SEE EXPUNGED RECORDS.
Juvenile proceedings and records of adjudications, etc. are all confidential under the Ohio Revised Code. Employers do not have the power to peer into confidential records that are contained in the local Juvenile Court.
Expungements are the best way to keep a prior conviction from making it to the light for everyone except law enforcement. The traditional background checks and private investigators do not have access on their own to locate an expunged conviction. There is a chance, however, that an agency may have obtained a copy of your conviction from an online Court docket at the time you plead or were sentenced. When your conviction is expunged later, the Clerk of Courts seals the online records. But if that other agency, investigator, etc. had a hard copy of your conviction that was obtained BEFORE the expungement took place, you have no way to "undo" that paper conviction. The best you can do is simply deny it and say that this wasn't you, etc.
I hope this answered your questions. I would not worry about it very much, as it is very, very, VERY unlikely to happen. Good luck at work and beyond!
Atty. Dennis A. DiMartino
1032 Boardman-Canfield Road
Youngstown, Ohio 44512-4238
330.629.9030 Ext. 111 Phone
The above information is shared for educational and discussion purposes only. No Attorney-Client relationship is intended or established through your reliance on the information provided. If your legal rights could be impacted by using this information, you are urged to seek legal counsel before taking action. Atty. Dennis A. DiMartino 1032 Boardman-Canfield Road Suite 103 Youngstown, OH 44512-4238 330.629.9030 Ext. 111 Phone 330.629.9036 FAX Dennis.DiMartino@gmail.com
Criminal Defense Attorney
You should be fine regarding your juvenile adjudication; as that is not a criminal conviction. As far as your adult criminal expungement; as long as your future career does not involve children, patients, or law enforcement, you should not have to worry. If it does, your future employer will more than likely find out about your prior history if they perform the appropriate criminal background search.