QUESTION
Will a misdemeanor appear on my records/background check for shoplifting if it happened before I turned 18?
Asked on Jan 24th, 2014 on Criminal Law - Colorado
More details to this question:
When I was 16, I was caught stealing at a store. I had to attend the teen court of the city I was caught stealing in and also required to participate in it. I was never placed on probation. I am now 19 years old. If I apply for a job, will it appear on my background check?
5 ANSWERS
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Upon whether or not you were actually convicted. Teen court is generally a diversion to actual court and generally does not lead to a conviction on your record if you have complied with what you were supposed to do. If that is the case, then it should not appear on a background check.
Answered on Jan 28th, 2014 at 8:40 PM
Your Juvenile records do appear on your criminal record. Upon your 18th birthday, you are eligible to petition to have your juvenile records sealed. Once sealed, no one can gain access to them and they will be completely destroyed five years from the date of sealing. Juvenile records are not automatically sealed upon your 18th birthday. You must affirmatively petition the juvenile court to have them sealed. You can do this by filing out a form and filing it with the juvenile court in the county in which you were convicted. Contact the juvenile court in the county you were convicted, and ask them to send you a copy of the form used in that county. Check to see if they have any special filing requirements such as additional photocopies or the need to serve copies of the petition on any government agencies, and get the correct information for filing by mail. Usually, there is no fee.
Answered on Jan 28th, 2014 at 8:40 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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No, it should not appear. You should still consider getting your juvenile record sealed now that you are an adult. Contact a local criminal defense lawyer or the county probation department for more details.
Answered on Jan 28th, 2014 at 8:39 PM
Michael J. Breczinski
If the matter was some sort of diversion program and they never entered a conviction then there is nothing to report as a conviction.
Answered on Jan 28th, 2014 at 8:34 PM
2 Awards
If this happened in Colorado, I would expect it to show on a background check. The good news is that you are more than likely eligible to expunge the record. This is not automatic and something that you must do on your own. If you need assist a local criminal defense attorney would be able to file the necessary petitions for a minimal fee.
Answered on Jan 28th, 2014 at 11:58 AM