I'm in the process of sealing my record and was wondering if a juvenile adjudication will show on a background check. From what I've heard, an adjudication is not the same as a conviction. Therefore, do I have to disclose my juvenile matter to employers? My case was handled in a juvenile court and it was a misdemeanor, not a felony. I'm hoping to become a CPA and I wanted to know if this will affect me in getting a job in the future. I've been hearing a lot of different stories so I want to confirm the details.
I also did a record review (live scan) for myself and it showed my juvenile case. Should this be cleared once the judge grants the petition to seal my record? This is what I've been told: When your California records are declared "sealed and destroyed", the arresting law enforcement agency, Department of Justice, and any local, state, or federal law enforcement agency to which they have released records must destroy the arrest records, and destroy the request to destroy those records.
Criminal Defense Attorney
Once the juvenile record has been sealed, you will be ok.
The adjudication just may harm you without it being sealed. My suggestion is to seal it and you should be alright.
The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.
I agree with my colleagues.
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Criminal Defense Attorney
Sealing of juvenile records does not make them "disappear". For instance, if you were convicted of a serious crime as an adult and sent to prison, your juvenile record would be available to the Parole Board at your parole hearings.
From the prospective of a job application employers generally are not allowed to consider arrest records in making hiring, firing, or promotion decisions. I presume, therefore, that they could not consider a juvenile conviction that had been sealed. However, it may depend on what kind of a job you are applying for. For jobs involving law enforcement or requiring a security clearance, for instance, your juvenile record may be available. For details consult the Labor Code.