Should I write down my youthful offender charge on my security clearance?

[nik]

What is the name of your state? New York

Back in 5/2003(I was 16 at the time) I made some bad choices when I worked in a grocery store. I wound up receiving 2 counts of grand larceny and a count of falsifying business records. In court I was able to get it dropped to misdemeanors while being protected under "youthful offender". I went to probation, paid restitution and was done with my probation as soon as I payed it off(was a 5 year sentence, I was done in 1 and a half)
Now, what my lawyer stated was that since it was filed under youthful offender that it would not be searchable. I am currently filling out a form for a Federal Public Security Clearance so I can work on computers at a Social Security building. Now, they want me to list any offences I have had in the past 10 years. My lawyer is out of town until 4/27 and I called the police station where I was processed, and he searched the records, it was there but said youthful offender status and not to write it down. I later then called the town judge, and he informed me "well, I cant give you legal advice but if it was me I would be honest about it". So, I have 2 different answers. I need a third opinion from a lawyer. Should I write down my charges, or should I not? The form also asks "have you ever been dismissed or forced to resign from any position for cause?" and of course, if you answer yes they want details. I dont think I will have to mention that there were charges made against me, but I would imagine they will be checking my employment history. So I will need to write down that I falsified business records. So, as for the offences, should I write it down or just check no?

 

[Ohiogal]

What is the name of your state? New York

Back in 5/2003(I was 16 at the time) I made some bad choices when I worked in a grocery store. I wound up receiving 2 counts of grand larceny and a count of falsifying business records. In court I was able to get it dropped to misdemeanors while being protected under "youthful offender". I went to probation, paid restitution and was done with my probation as soon as I payed it off(was a 5 year sentence, I was done in 1 and a half)
Now, what my lawyer stated was that since it was filed under youthful offender that it would not be searchable. I am currently filling out a form for a Federal Public Security Clearance so I can work on computers at a Social Security building. Now, they want me to list any offences I have had in the past 10 years. My lawyer is out of town until 4/27 and I called the police station where I was processed, and he searched the records, it was there but said youthful offender status and not to write it down. I later then called the town judge, and he informed me "well, I cant give you legal advice but if it was me I would be honest about it". So, I have 2 different answers. I need a third opinion from a lawyer. Should I write down my charges, or should I not? The form also asks "have you ever been dismissed or forced to resign from any position for cause?" and of course, if you answer yes they want details. I dont think I will have to mention that there were charges made against me, but I would imagine they will be checking my employment history. So I will need to write down that I falsified business records. So, as for the offences, should I write it down or just check no?

Yes write it down -- honesty is the best policy but make sure they know that it was a youth offender status.

 

[nik]

Excellent. Thank you for the reply. I have one more question. I also have a background check that I need to complete, and any felony status will bar me from taking this job and any other job that comes along with the company(Im a contracted technician that frequently accepts computer repair jobs randomly throughout my area) As for the security clearence I can understand that you need to be honest, and If I dont get the clearance its not a huge loss for me, but for the background check, should I be honest with that? or just take advantage of it not being searchable?

 

[You Are Guilty]

Excellent. Thank you for the reply. I have one more question. I also have a background check that I need to complete, and any felony status will bar me from taking this job and any other job that comes along with the company(Im a contracted technician that frequently accepts computer repair jobs randomly throughout my area) As for the security clearence I can understand that you need to be honest, and If I dont get the clearance its not a huge loss for me, but for the background check, should I be honest with that? or just take advantage of it not being searchable?

Don't count on it being sealed. You'd be surprised what information the Federal Gov't can unearth. Don't compund previous bad decisions with even more of them - reveal everything, with an explanation if necessary.

Incidentally, lying to the government can be a crime. ("Submitting a false instrument for filing" is the specific charge).

 

[xtremeskiing]

Similar problem, i recently contacted my old probation the department with the same question and the answer is NO.

You do not have a criminal record, you were adjucated youthful offender. If anyone tells your new employer the are in violation of the youthful offender procedure. Article 720 of the NYS criminal procedure laws.

I am not a lawyer, I am just here for similar information and sharing my research.

 

[CdwJava]

You might want to read further. Do some additional research on backgrounds and federal security clearances. The feds are NOT subject to state laws regarding these youthful adjudications, so the fact that it might not be publicly available to private employers in NYS does NOT mean that the government (state or fed) cannot access it. Additionally, LYING on an application can be grounds for termination even after being employed for many years.

Of course, there is also the tiny fact that this thread is 9+ months old. The OP is long gone.

- Carl