Expert: Loren Stevens - 12/6/2008

Question
I am a prenursing student. I was told that before I can be licensed to work in a hospital I will have a background check. I have a juvenile criminal record that is 3 almost 4 years old with no other convictions or charges after, AND none as an adult. They told me they would be able to look up this juvenile record even if it was expunged. Do you know the current laws on sealing Juvenile records and who can/can not get ahold of them?

Answer
Hello Liz,
Actually, every state can legislate how they want to deal with records retention, juvenile records etc.
For the most part, I think that most states seal juvenile records when a person reaches adulthood, usually set at 18 years of age.
Expunged, sealed, and so on are all not the same things. You almost have to check out your state statutes for exactly the laws germane to what you seek.
If a juvenile was ever "certified as an adult", things can get changed, in terms of access.
And, a court order will open sealed cases. Much depends on the gravity of the criminal history.
My advice to you, is to retain an attorney if you suspect your rights have been violated.
Or, consult with an attorney, on juvenile records that can be reviewed, in your particular state.
My GUESS, is that your juvenile record will not be available for employment research, unless you authorize in writing a waiver to do so. But, that is my GUESS.
Most folks realize that juvenile errant conduct is immature and youthful indiscretion oriented.
You are not the same person now, as you were as a child. Now, you are a mature person, responsible for adult decisions, and aware of the choices you make.
T'were me, I wouldn't worry much about it.
But do look up your state laws on records retention, purge criteria, and matters of juvenile records. Or, consult with an attorney, for clarity.
Hope this is helpful,
Good Luck, and Regards,
loren