How doI get my job back if was laid off due to having a juvenile record?

I recently got my CNA. I’ve recently been laid offbecause  have a juvenile record.  need to know my rights and how to get my job back.

Asked on July 30, 2010 under Employment Labor Law, Utah


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I do not know if you will be able to get THAT job back, but you can protect yourself from being fired from future jobs by having your juvenile record sealed or "expunged."  Expunging a criminal record is a lengthy process where you file a petition and have to go before a judge to ask him or her seal your arrest and conviction.

In order to eligible for juvenile record expungement, you must 1) Be 18 years old, 2) have no adult misdemeanors of moral turpitude or felonies, and 3) one year has passed since the juvenile court terminated jurisdiction and all fines, fees, and restitution have been paid.

Once the record is expunged it should be removed from a background check.  But I would run one yourself to be sure.  Here is a link to get started but I would suggest seeking legal advice in your area.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.