Juvenile Records and FBI background check

Asked about 1 year ago - Tampa, FL

Hello, I am currently in college and did many silly things as a juvenile. I was arrested 4 times before I turned 18, however, all charges were completely dismissed and dropped. I am currently studying finance at a university and will likely one day apply to work for a bank. It is to my understanding that banks require FBI background checks and fingerprinting during pre-employment screening. Now in most cases, I was told by my attorney that I can technically deny my charges to most institutions or people who inquire since they cannot see juvenile records. However, since banks are government-related entities, they are permitted to request FBI background checks. Is there ANYTHING that can possibly be done to clean these mistakes I made as a juvenile off a FBI background check? Thank you!!!

Attorney answers (3)

  1. William David Umansky

    Pro

    Contributor Level 19

    5

    Lawyers agree

    Answered . I am pretty confident that your juvenile records will show up when the bank does a background check. You can use an adult expungement to care of all of the arrests if they were related to one episode of conduct. I somehow doubt that is the case so you would be stuck using an adult expungement to take care of one arrest which might not make much sense in your situation. I believe on your 24th birthday much of your history will fall off your history, however the FBI will still have it on a national background check.

    I suggest that you start developing a strategy on now to explain to potential future employers about your past history because unfortunately it will probably follow you for a long time. The good news is that these offenses happened when you were a kid. I wish you the best of luck as everyone deserves a second chance!

    Please be advised that answering your questions does not establish an attorney-client relationship with myself or... more
  2. Michael Adam Haber

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . I agree with Mr. Umansky.

    Call me skeptical but I do not believe that anything is ever truly confidential (as Florida juvenile records are supposed to be), sealed or expunged, especially in today's "computer age" and most particularly when it comes to the federal government.

    In Florida you can seal or expunge a juvenile or adult record, once. As Mr. Umansky pointed out, if you have multiple arrests stemming from different fact patterns then you would, at best, be entitled to petitioner seal or expunge only one arrest, leaving the others exposed and most likely a trail for the government to follow on the one that you allegedly seal or expunge. For more information on this process see: http://www.fdle.state.fl.us/content/getdoc/c83d... .

    As to what your lawyer told you, I do not like to second guess anyone, especially when I am not "in the know" as to all of the facts and circumstances, but you should bear in mind that you are making assumptions about questions that you are yet to read. Applications vary, greatly, and the language contained in a given application will dictate the response that is expected. Many applications exclude juvenile cases, others exempt dismissals or nolle pros' or no actions, and so it goes.

    It really doesn't matter who investigates the application so much as it does what the application asks and how you answer. In my experience bigger trouble stems from the {attempted} cover-up than from the underlying act itself. Accordingly, I suggest that you worry about each application as it comes and in the interim prepare for disclosure. Some employers will have a zero tolerance policy and you will have to live with that; others will be more accepting, especially if you are able to convince them that there was a silver lining to your juvenile antics - namely that you learned, matured and are a better (wo)man for it as an adult.

    in any regard I wish you the best of luck!

  3. Craig A. Epifanio

    Contributor Level 18

    2

    Lawyers agree

    Answered . Your charges are expunged by statute after you turn 24. That said, you will still need to disclose if they ask. I know several people that work for banks that have adult non-felony records, so although it may show up, and yes you can deny, it is unlikely that dismissed juvenile charges are going to make a difference.

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