If my juvenile record gets sealed and destroyed, willit show up on a background check in another state?

Asked on October 26, 2011 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The best answer to your question is that it should not show up on a background check in another state... emphasis on should.  Juvenile records get more protection from the public eyes than any other records, especially when they have been sealed and destroyed.  So if you are applying with a private business for a job in another state, it shouldn't show up.  Accidents do happen and some juvie records end up coded or entered wrong in the State database-- which could include your juvenile case being classified as an adult case.  It doesn't happen that often, but it is an occasional issue, especially when the juvie is close to turning to adult age.  The DPS website includes procedures for fixing items incorrectly reported on their central database.  If any background company is reporting information on you, then most likely, they bought it from DPS... so you need to get the "seller" (DPS) to fix their information.  If you are applying for a job with a government agency, the juvie record may or may not show up.  Government agencies still have access to many items after they are closed.  If you want to know exactly how your record will look, you can go online to the DPS website and purchase your own criminal history for a nominal fee.  This "public record" is the record that any general member of the public would have the right to see.  If you dispute the reporting of your history and they still continue to report it as an adult conviction or arrest, consult with an attorney that regularly handles expunction law cases.


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