Do I need to disclose juvenile cautions when applying for jobs? Will they appear on my background checks? (merged)

[j-and-k 0]

Hi everyone, my wife and I are currently waiting for all our visa paperwork to be approved and I had some questions about criminal history disclosure. I am from the UK and will be relocating to the US. When I was under 16, I received a caution and a reprimand, both for theft. In the UK I do not have to disclose this information to employers as they're considered "spent" here and both offences were over 10 years ago. However, I was wondering what will happen when I move to the States. Will these cautions show on my background checks whilst applying for jobs, and will I need to disclose them? I would be greatful to hear from anyone with knowledge or with experience of this. Thank you :-)

[j-and-k 0]

Hi everyone, I'm not really sure where to post this question. I hope this forum is okay!

 

My wife and I are currently waiting for all our visa paperwork to be approved and I had some questions about criminal history disclosure. I am from the UK and will be relocating to the US. When I was under 16, I received a caution and a reprimand, both for shoplifting. In the UK I do not have to disclose this information to employers as they're considered "spent" here and both offences were over 10 years ago. When I apply for jobs in the UK the offences don't appear on any of my background checks. However, I was wondering what will happen when I move to the States. Will these cautions show on my background checks whilst applying for jobs, and will I need to disclose them? I would be greatful to hear from anyone with knowledge or with experience of this. I wouldn't want to get in trouble or have a job offer withdrawn because I didn't disclose, for them to then appear on background checks. Thank you :-)

 

 Quote

Edited March 25, 2023 by j-and-k

[OldUser 6,721]

As far as immigration, you would have to disclose it in your immigration forms, when answering the questions such as "Have you ever been cited, detained or arrested" etc etc. I hope you answered those questions truthfully on DS-260.

 

Cannot comment on company background checks.

Edited March 25, 2023 by OldUser

[j-and-k 0]

43 minutes ago, OldUser said:

As far as immigration, you would have to disclose it in your immigration forms, when answering the questions such as "Have you ever been cited, detained or arrested" etc etc. I hope you answered those questions truthfully on DS-260.

 

Cannot comment on company background checks.

Thank you! Yes, I have disclosed it. I am aware I need to disclose it for immigration purposes, I am just not sure what happens when I get to the other side of the pond when I am looking for work. I know Americans can have their juvenile records 'sealed' - but I don't know how that works for immigrants. I also don't know if cautions and reprimands are even recognised in the US as they have a different disposal system. I'm not really sure where to find information, but hopefully someone here may have had experience and can help :-)

[Ontarkie 14,233]

~~Duplicate threads merged. Please do not start more than one thread for the same or related topic.~~

[j-and-k 0]

28 minutes ago, Ontarkie said:

~~Duplicate threads merged. Please do not start more than one thread for the same or related topic.~~

Is there a way to delete my original post so that I can repost it? Unfortunately I am not getting any responses with it being posted in this forum. Thank you.

[Ontarkie 14,233]

41 minutes ago, j-and-k said:

Is there a way to delete my original post so that I can repost it? Unfortunately I am not getting any responses with it being posted in this forum. Thank you.

This is the forum it belongs in. If you repost it, Organizers or a Moderator will just move it back to this forum. Part of the problem is it is the weekend and VJ can slow down.

Edited March 25, 2023 by Ontarkie

[Lemonslice 4,859]

Rules for background check will depend on the job, and the state (if no checks required at the federal level).  For example, this is a summary of how it works in California:

https://www.classlawgroup.com/employment/background-checks/california/

 

Without more details, can't provide a better answer.  You should be able to find what you are looking for by looking up the types of check required for your profession and state.  Of note, not all employers run background checks.   

 

Edited March 26, 2023 by Lemonslice

[j-and-k 0]

18 hours ago, Ontarkie said:

This is the forum it belongs in. If you repost it, Organizers or a Moderator will just move it back to this forum. Part of the problem is it is the weekend and VJ can slow down.

Thank you! That makes sense, I really appreciate the information :-)

15 hours ago, Lemonslice said:

Rules for background check will depend on the job, and the state (if no checks required at the federal level).  For example, this is a summary of how it works in California:

https://www.classlawgroup.com/employment/background-checks/california/

 

Without more details, can't provide a better answer.  You should be able to find what you are looking for by looking up the types of check required for your profession and state.  Of note, not all employers run background checks.   

 

Thank you, this is really helpful to know!

[Ontarkie 14,233]

This is definitely not legal advice but my way to look at it-

 

Juvenile records in the US are sealed. Just like your record in the UK. I would not mention it at all. 

 

Unless you come across work that has similar wording like immigration it will never be looked at.