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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 26348
Experience:  10+ years defending Misdemeanor and Felony cases.
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If the juvenile convictions do not show up on an FBI fingerprint

Resolved Question:

If the juvenile convictions do not show up on an FBI fingerprint background check, what other methods would schools or law schools/bar exam background examiners have to locate records? From where would they find the sealed juvenile records? Also, if the sealing order specifically states “Henceforth, the proceedings in this case shall be treated as if they had never occurred, and the Respondent may reply accordingly to any inquiry about the events which are the subject of the records herein,” which law discredits this statement and requires that these records be disclosed? It seems that there are two contradictory laws at play here. One says that the records do not need to be disclosed for any reason while, for example, some applications (e.g. bar exam) state that you need to disclose sealed/expunged records.

Thanks for your help with this matter.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 5 years ago.

Hi and Welcome to Just Answer. I will be the expert that will be helping you today. I look forward to helping you solve your problem.

 

The order from the Judge is going to control. On the application, the person can answer according to the language stated above. If an issue does come up where the person is questioned on this because it is revealed for some reason on a background check, they can present the order signed by the Judge.

Customer: replied 5 years ago.
What would happen if somehow it was revealed and the person presented the order signed by the judge? Would the person then have to disclose?
Expert:  CrimDefense replied 5 years ago.
At that point, it could have an impact on their license so it would likely be better to disclose it to avoid being denied.
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