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MikeyD
01-22-12, 02:35 PM
If a prospective cop has an expunged case or sealed case on his juvenile record, does the police department he's applying to have the right to access his sealed records? I know various precincts have strict rules that new hires must meet, so I was just wondering if a precinct can override an expungement to ensure that a prospective cop meets the rules?


ET109
01-22-12, 03:41 PM
It may depend on the state. It's not just to see what's in your past- it's to see if you're being honest about it. Keep in mind that there are other ways that things can get found out besides court records.

DeltaV
01-22-12, 05:25 PM
Juvenile records really aren't ever "sealed." They may not be visible to private sector employers conducting background checks, however juvenile records are available to law enforcement.


retdetsgt
01-22-12, 06:26 PM
Depends on the state. Every state has different rules regarding that. In Oregon, expunged means gone, non existent and sealed can only be opened by the court. But obviously, that's not the case everywhere.

MikeyD
01-24-12, 03:03 PM
It may depend on the state. It's not just to see what's in your past- it's to see if you're being honest about it. Keep in mind that there are other ways that things can get found out besides court records.

I see. So it's safe to say that if someone is curious and has a friend of a friend in the courts, a sealed juvenile record can be found out. However, if it were, I'm sure a department wouldn't disclose that they know what's in the record.

TEXASCOP
01-25-12, 05:51 AM
They can talk to your old friends, old teachers, and family members. Its a background investigation Just because the background investigator may be unable to see your criminal history it doesn't mean he wont find out through word of mouth.

retdetsgt
01-25-12, 07:28 AM
They can talk to your old friends, old teachers, and family members. Its a background investigation Just because the background investigator may be unable to see your criminal history it doesn't mean he wont find out through word of mouth.

And we also talk to people you didn't put on your reference list too. References' answers are often taken with a grain of salt because you know they will say nice things and forget the rest. They are only stepping stones to finding people you don't want us to talk to. Something relatively minor can be a job killer only because you weren't upfront about it.

TEXASCOP
01-25-12, 09:35 AM
I see. So it's safe to say that if someone is curious and has a friend of a friend in the courts, a sealed juvenile record can be found out. However, if it were, I'm sure a department wouldn't disclose that they know what's in the record.

If it is prohibited by law (in your state) to review your juvenile criminal history, the Investigator isn't going to risk his job over a possible hire. If their are unanswered questions regarding your past then he will simply not recommend your hiring. Keep in mind, at most agencies you are required to reveal everything. Just because you Juvenile record is sealed doesn't mean you do not have to disclose it.

Joeyd6
01-25-12, 09:47 AM
Applicants ususally sign a release of info waiver....so they don't need to ask favors. They simply use that form and do their thing. The federal one we use lets us get any record from any court. doctor, psychologist, insurance company, etc... It literally opens every door for us!

Tmaco4
01-31-12, 03:35 PM
So you are saying if I'm from Oregon and have had records expunged the police background investigator won't be able to view my juvenile records?

retdetsgt
01-31-12, 03:59 PM
So you are saying if I'm from Oregon and have had records expunged the police background investigator won't be able to view my juvenile records?

I've never heard of juvenile records in Oregon being expunged. If you were arrested as a juvenile, the BI would probably find out about it anyway through other means though even if they were.

Tmaco4
01-31-12, 04:20 PM
Ok thanks. I know Oregon does expunge juvenile records because I have done it. I would still tell the BI about every run in with the law since they can find out other ways.