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Unread 03-23-2012, 10:27 AM
 
1,030 posts, read 465,512 times
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Default Legal question regarding disclosing a conviction on job application.

Customs and Border Protection will be on my job site interviewing for eligible applicants. One of the reasons for ineligibility are if you have ever been convicted of ANY criminal offense. I myself have a conviction back when I was 16yrs old and was charged/convicted as a juvenile. I was told by my then lawyer that since it was a juvenile offense I dont ever have to disclose it on any application. Is this correct? Also, would a juvenile conviction automatically make me ineligible for such a position?

Last edited by deevel79; 03-23-2012 at 11:03 AM..
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Unread 03-23-2012, 11:19 AM
 
Location: WY
1,216 posts, read 489,524 times
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Quote:
Originally Posted by deevel79 View Post
Customs and Border Protection will be on my job site interviewing for eligible applicants. One of the reasons for ineligibility are if you have ever been convicted of ANY criminal offense. I myself have a conviction back when I was 16yrs old and was charged/convicted as a juvenile. I was told by my then lawyer that since it was a juvenile offense I dont ever have to disclose it on any application. Is this correct? Also, would a juvenile conviction automatically make me ineligible for such a position?
Here is a link to background checks for CBP.:
FAQs - Mandatory Background Investigation - CBP.gov

It doesn't specifically mention your issue on there, but all law enforcement agencies do extensive background checks and have access to all of your records (includng junvenile records).

Put your record on your application. Depending on what the issue was (and I'm not asking) it may or may not be a factor in your application. Don't lie about it - either directly or by omission. Whatever is there they WILL find out about it.
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Unread 03-23-2012, 11:33 AM
 
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There is no such thing as expunged or sealed records when law enforcement agencies conduct background investigations. Most resumes ask about convictions as an adult. Being dishonest is grounds for immediate termination. Agencies are generally not worried about juvenile convictions.
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Unread 03-23-2012, 02:59 PM
 
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What about arrests but no convictions?
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Unread 03-23-2012, 03:01 PM
 
Location: St Thomas, US Virgin Islands
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Quote:
Originally Posted by sas0814 View Post
What about arrests but no convictions?
They won't show up. Do I hear a sigh of relief?
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Unread 03-23-2012, 03:12 PM
 
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Originally Posted by STT Resident View Post
They won't show up. Do I hear a sigh of relief?
Actually, for official law enfocement background checks, the arrest show up. But they usually as for convictions or alternative sentencng becasue many people are arrested and released due to mistaken identity, unreliable complaintant, questionable evidence, etc. So law enforcement knows all, but they also know that these things happen. As a matter of fact, there really is no reason to ask for arrest or convictions except to test honesty.
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Unread 03-23-2012, 06:37 PM
 
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Quote:
Originally Posted by PacificFlights View Post
Actually, for official law enfocement background checks, the arrest show up. But they usually as for convictions or alternative sentencng becasue many people are arrested and released due to mistaken identity, unreliable complaintant, questionable evidence, etc. So law enforcement knows all, but they also know that these things happen. As a matter of fact, there really is no reason to ask for arrest or convictions except to test honesty.
I had to get security badged at an airport and they asked for all instances of being arrested, charged, convicted, etc.

But that's probably a little more of an extreme case, I imagine some other port authorities, FBI/CIA/NSA might do that but certainly not a regular employer.
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