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Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 585
Experience:  Attorney at Law Offices of Khaled Issa
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I am applying police officer position. As a minor under age

Customer Question

Hello, I am applying for a police officer position.
As a minor under age 18 I was arrested for fighting with my brother where I spent the night in juvenile detention. The next day The office of District Attorney Expressly waived formal hearing.
NRS 62H.130
in 2011 A judge Sealed the record NRS 62H.170
Do i need to admit the incontinent has happened or can i say within my background that it has never happened?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Legal-Kal replied 1 year ago.

Good afternoon:

My name is ***** ***** I would be happy to provide general information regarding your question. Before we proceed, because it is relevant to the issue, may I ask what the outcome of the case was (i.e., were you found guilty or "delinquent")?

Customer: replied 1 year ago.
There was no Trial, No hearing. I spoke with a counselor Nothing was said about guilty or not guilty
Customer: replied 1 year ago.
I can upload the only documentation I have
Expert:  Legal-Kal replied 1 year ago.

Ok, thank you for that information. If there was no disposition, then it is most likely just an arrest that is of issue.

Now, as you are aware, sealed records are not accessible to the general public. However, certain exceptions to this general rule exist. One such exception is for law enforcement. If law enforcement runs a background check on an individual, a sealed juvenile arrest or case will indeed show up.

So, generally, in a situation that exists in your case, law enforcement will find out about the sealed arrest. So with that in mind, the determining factor as to how to answer a question of "whether or not you have ever been arrested" depends on if there are certain qualifiers to that question. For instance, if an application asks the question and specifically states to include any sealed or expunged arrests, obviously one would have to disclose a sealed arrest.

If the application does not include such a stipulation and asks for then one in your situation can answer as if it is asked by a member of the general public (i.e., no arrest). However, the tricky part in this scenario is the employer may construe that answer as a "lie" once they discover the sealed arrest. In cases when it is certain that a sealed arrest will show on a background search, one would be best served generally to err on the side of caution and disclose it as to do so otherwise would make it seem as that person is trying to hide something.

Any questions based on what I have provided or request to clarify anything? If so, please ask and I would be happy to clarify.

If not, please remember that experts here are not employees of JustAnswer and, therefore, do not get credited for assisting a customer unless and until the customer clicks ACCEPT and rates the assistance provided. Thanks!

Expert:  Legal-Kal replied 1 year ago.


Just a reminder, there is a post to your question that I don't believe you have read. Thanks.