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Juvenile expungement effecting potential employment

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firefit3131

Junior Member
What is the name of your state (only U.S. law)? I work on michigan. Incident occurred in Illinois.

My question involves criminal records for the state of: Illinois.
hello. I was arrested by a local police department when I was 16. I went through a peer mediated court session and was never convicted. I obtained an order of expungement and my record is clear if you run the standard background check with the county. Recently a potential employer called the police department where I was arrested and filed a records request. they sent him the police report from the night that I was arrested. It seemed like something like this requires a court order as this was a juvenile record that was ordered to be expunged. I'm looking for some advice as to how to handle this situation. It puts both my potential job and my current job in jeopardy. I should mention that I'm 29 now and am I firefighter paramedic that HAS passed many other background checks including pistol purchase background checks without disclosing this 13 year old incident...
 


Just Blue

Senior Member
What is the name of your state (only U.S. law)? I work on michigan. Incident occurred in Illinois.

My question involves criminal records for the state of: Illinois.
hello. I was arrested by a local police department when I was 16. I went through a peer mediated court session and was never convicted. I obtained an order of expungement and my record is clear if you run the standard background check with the county. Recently a potential employer called the police department where I was arrested and filed a records request. they sent him the police report from the night that I was arrested. It seemed like something like this requires a court order as this was a juvenile record that was ordered to be expunged. I'm looking for some advice as to how to handle this situation. It puts both my potential job and my current job in jeopardy. I should mention that I'm 29 now and am I firefighter paramedic that HAS passed many other background checks including pistol purchase background checks without disclosing this 13 year old incident...
What is your question..???
 

firefit3131

Junior Member
What is your question..???
I guess my question "where do I go from here?"

the lawyer that handled the original case believes that this info should not have been so easily accessed but isn't familiar enough with this type of situation to give definitive advice as to how I should handle it. he filed FOIA regarding contact between the two agencies and also issued a notice objecting to them sharing the info... beyond that he isn't sure what to do... is there a specialized attorney to contact?

also, I've read info regarding answering the "expungement" question on a job application and my understanding is that it is my legal right to not disclose a juvenile case that didn't result in charges and was expunged. can a potential employer not hire me based on "poor integrity" because I didn't disclose this incident?

I apologize for being so long winded and I realize me formulating an opinion based on internet info is the equivalent to a lay person self diagnosing medical issued via WebMD... however I'm just looking for direction...
 

quincy

Senior Member
I guess my question "where do I go from here?"

the lawyer that handled the original case believes that this info should not have been so easily accessed but isn't familiar enough with this type of situation to give definitive advice as to how I should handle it. he filed FOIA regarding contact between the two agencies and also issued a notice objecting to them sharing the info... beyond that he isn't sure what to do... is there a specialized attorney to contact?

also, I've read info regarding answering the "expungement" question on a job application and my understanding is that it is my legal right to not disclose a juvenile case that didn't result in charges and was expunged. can a potential employer not hire me based on "poor integrity" because I didn't disclose this incident?

I apologize for being so long winded and I realize me formulating an opinion based on internet info is the equivalent to a lay person self diagnosing medical issued via WebMD... however I'm just looking for direction...
Here is a link to the Illinois Office of the State Appellate Defender's "Juvenile Expungement Guide"* which provides information on what is needed to get records expunged and what expungement actually means:

https://www.illinois.gov/osad/Expungement/Documents/Juvenile Exp Guide/JuvenileExpungementGuide.pdf

Whether you have to disclose the existence of and information about your expunged juvenile record on an application or to an employer depends on the application and who the employer is.




*the Guide linked to was last updated January 22, 2014
 
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