Juvenile felony question

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JediSkipdogg
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Re: Juvenile felony question

Post by JediSkipdogg »

Mike2541 wrote:Boggles my mind how it could ever be used against me or not grant relief when it says "that the proceedings in the case be deemed to have never occurred"
I think it can't be used against you in to determine escalating offenses but it could still be brought up in future criminal cases to show mindset or culpability. It can definitely be used in any civil proceeding you may have as anything can be brought into civil trial. Jobs can still hold it against you. One thing that has seen a recent increase is third party websites not removing data. Not all places of employment use official fingerprint background checks, some just use the Internet and background check websites. There is nothing in law (nor do I think there ever could be) that forces those to remove expunged records. So, until you die, there may still be records on non-government websites of the incident depending on how they are pulling their data.
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Mike6789
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Re: Juvenile felony question

Post by Mike6789 »

JediSkipdogg wrote:
Mike2541 wrote:Boggles my mind how it could ever be used against me or not grant relief when it says "that the proceedings in the case be deemed to have never occurred"
I think it can't be used against you in to determine escalating offenses but it could still be brought up in future criminal cases to show mindset or culpability. It can definitely be used in any civil proceeding you may have as anything can be brought into civil trial. Jobs can still hold it against you. One thing that has seen a recent increase is third party websites not removing data. Not all places of employment use official fingerprint background checks, some just use the Internet and background check websites. There is nothing in law (nor do I think there ever could be) that forces those to remove expunged records. So, until you die, there may still be records on non-government websites of the incident depending on how they are pulling their data.
Well thankfully it is juvenile, which should not show up on any third party site as it is a juvenile offense and they should not have them records correct? I know it's a huge problem for adult records..
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JediSkipdogg
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Re: Juvenile felony question

Post by JediSkipdogg »

Mike2541 wrote:Well thankfully it is juvenile, which should not show up on any third party site as it is a juvenile offense and they should not have them records correct? I know it's a huge problem for adult records..
Huge misconception in Ohio. While juvenile court records are generally not public, some hearings are open to the public. However, third party websites need to pull data from online sources and I'm not sure of any juvenile courts in Ohio that post their info online. However, arrest records (as in the police station record) are public record. Again, this is an area that I'm not aware of any police departments in Ohio just posting everything online.

In both cases though, there could be a department or court that does post online, I'm just not aware of any that do.
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Mike6789
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Re: Juvenile felony question

Post by Mike6789 »

Got ya. I know for my current job they do a background check that pulls from multiple third party databases. It has yet to come up so lets just hope it wasn't ever posted online :)

Truthfully there needs to be some regulation of it... Holding somebody back from getting a decent job the rest of their life does nothing to help, it just creates a breeding ground for more crime.
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JediSkipdogg
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Re: Juvenile felony question

Post by JediSkipdogg »

Mike2541 wrote:Got ya. I know for my current job they do a background check that pulls from multiple third party databases. It has yet to come up so lets just hope it wasn't ever posted online :)

Truthfully there needs to be some regulation of it... Holding somebody back from getting a decent job the rest of their life does nothing to help, it just creates a breeding ground for more crime.
One can't have their cake and eat it too. In this instance we are talking the battle over easy access to public records and prohibiting data mining of said public records online. There are captcha systems that can be put in place but it's only a matter of time before systems figure their way around those. Keep in mind too that each system costs money, taxpayer money to implement. Therefore, most clerk's offices don't implement them as all they are doing is slowing down access to records that by law are public. So why spend money on something the law doesn't say one has to prohibit or reduce? It's all a catch 22 situation and one that has probably really picked up over the past 10 years, if not really over the last 5 years as I've seen a huge increase in it dealing with record sealings myself.

And then you have news websites and all these newspapers that are now publishing all arrest photos. You can't destroy paper records no matter how much you want to. Once printed or placed on the news media, generally the First Amendment wins there.
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Mike6789
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Re: Juvenile felony question

Post by Mike6789 »

Going to necro this thread.... As I hate when I'm searching for things and final updates are not posted...

Anyways I posted this almost 4 years ago.. Many things have happened since then, moved, new job, new car and finally decided to try for my CHL.

I got my CHL about 6 months ago, went and put in my application and it was approved about 2 hours later and I went to pick up my license, no issues.

I did get stopped by a cop 1 time since then, I was parked off the road by a lake late at night in the middle of nowhere, cop came to see what we were doing (camping and fishing), he ran my info and no issues.

Want to thank everyone for the time they took replying, and wish anyone reading this good luck in your pursuit in restoring your rights.
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Re: Juvenile felony question

Post by gaptrick »

Reading over this old post makes me so grateful for this forum and knowledgeable people. Not many places where opinion of law can be discussed like adults by adults... and for FREE...

Thanks OFCC and it's participants....
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