AntiPolygraph.org Message Board - Asking about sealed records

(UTC)

Welcome, Guest. Please Login or Register

News:

You can enhance your privacy when browsing and posting to this forum by using the free and open source Tor Browser and posting as a guest (using a fake e-mail address such as nobody@nowhere.com) or registering with a free, anonymous ProtonMail e-mail account. Registered users can exchange private messages with other registered users and receive notifications.

In addition, check out our live chat server.

AntiPolygraph.org Message Board › Polygraph and CVSA Forums › Polygraph Policy › Asking about sealed records

(Moderator: Administrator)

‹ Previous Topic | Next Topic ›

Pages: 1

Add Poll

Send Topic

Asking about sealed records (Read 3423 times)

username New User Offline Posts: 3 Joined: Oct 25^th, 2005	Asking about sealed records Oct 26^th, 2005 at 5:22am	Mark & Quote Quote Print Post
	Hi everyone, I know that law enforcement agencies routinely ask prospective employees ask about past arrests. The problem is that sometimes the records of the arrests have been sealed, and the person have the legal right to deny that the arrest ever occurred. In particular, I'm thinking of juvenile records sealed under California law. Using a polygraph is a way to get around the fact that they have no right to know about the arrests. I'm trying to figure out if there are any limits to what they are allowed to ask. Any ideas would be appreciated!


	IP Logged

polyfool Especially Senior User Offline Posts: 311 Joined: Feb 23^rd, 2005	Re: Asking about sealed records Reply #1 - Oct 27^th, 2005 at 3:10am	Mark & Quote Quote Print Post
	username, I'm under the impression that sealed records are irrelevant when it comes to seeking a security clearance. The FBI asks applicants have you EVER been arrested for anything even if the charges were dismissed or dropped--even for a speeding ticket. From my personal experience, when you are talking about a security clearance with the federal government, they can and will ask you just about anything they want AND it won't be just you they'll ask--they'll ask your former neighbors and co-workers just about anything they want, too. I would imagine ANY law enforcement agency would want to know about your juvenile record. I think the legal standing you are referring to only applies in the private sector employment arena. Some LE agencies may overlook a juvy record depending on what it is. They won't, however, overlook witholding the information. Perhaps, soon to be lawyer, Eosjupiter could provide more legal info on the matter??


	IP Logged

username New User Offline Posts: 3 Joined: Oct 25^th, 2005	Re: Asking about sealed records Reply #2 - Oct 27^th, 2005 at 3:51am	Mark & Quote Quote Print Post
	Thanks for your reply. I know that CA law does not allow potential law enforcement employers to get access to sealed juvenile records. There are some exceptions that allow certain people to access sealed juvenile records, but law enforcement employers are not included in that list. (I think the rule is different if they were adult records sealed under some other authority.) I don't think this applies to federal agencies, who can basically do whatever they want. The thing is, if your juvenile records have been sealed (in CA), as far as the law is concerned, the contents of those records never happened and you have a right to deny them under all circumstances. If a polygraph is used, it will appear that you are lying (to the extent that polygraph tests are accurate), even though legally speaking, you're not. They shouldn't be able to ask about things that the law says they aren't allowed to know.


	IP Logged

polyfool Especially Senior User Offline Posts: 311 Joined: Feb 23^rd, 2005	Re: Asking about sealed records Reply #3 - Oct 27^th, 2005 at 4:18am	Mark & Quote Quote Print Post
	username wrote on Oct 27^th, 2005 at 3:51am: I don't think this applies to federal agencies, who can basically do whatever they want. The thing is, if your juvenile records have been sealed (in CA), as far as the law is concerned, the contents of those records never happened and you have a right to deny them under all circumstances. If a polygraph is used, it will appear that you are lying (to the extent that polygraph tests are accurate), even though legally speaking, you're not. They shouldn't be able to ask about things that the law says they aren't allowed to know. username, I agree. They shouldn't be able to ask about things the law says are off limits. The FBI doesn't play by the rules other agencies are expected to follow. The case may be different with other law enforcement agencies. You should be even more concerned about submitting to a pre-employment polygraph because they don't work. Just because you tell the truth , doesn't mean you'll pass. Do yourself a favor and do some poly research on this site before allowing your fate to be determined by this unfair, worthless so-called testing procedure.


	IP Logged

username New User Offline Posts: 3 Joined: Oct 25^th, 2005	Re: Asking about sealed records Reply #4 - Oct 27^th, 2005 at 4:25am	Mark & Quote Quote Print Post
	Without going into too much detail, I'm asking on behalf of someone else, who was already denied employment.


	IP Logged

Pages: 1

Add Poll

Send Topic

‹ Previous Topic | Next Topic ›

Asking about sealed records

Name:
E-mail:
Your Verification Code is:	Please type the characters that appear in the image. The characters must be typed in the same order, and they are case-sensitive.
Verification Code:
Preview

Message Icon:

Subject:

Message:
You can resize the textbox by dragging the right or bottom border.

Max 200000 characters. Remaining characters:

Text size: pt

More Smilies

View All Smilies

Collapse/Expand additional features

Attachments More Attachments

Allowed file types: txt doc docx ics psd pdf bmp jpe jpg jpeg gif png swf zip rar tar gz 7z odt ods mp3 mp4 wav avi mov 3gp html maff pgp gpg
Maximum Attachment size: 500000 KB

Attachment 1:

Attachment 2:

Attachment 3:

Attachment 4:

Attachment 5:

Attachment 6:

Attachment 7:

Attachment 8:

Attachment 9:

Attachment 10:

Disable UBBC and Smilies:

Check this if you wish to disable parsing of ubbc tags and smilies.