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Posted by username
- Oct 27, 2005, 12:25 AMWithout going into too much detail, I'm asking on behalf of someone else, who was already denied employment.
Posted by polyfool
- Oct 27, 2005, 12:18 AMQuote from: username on Oct 26, 2005, 11:51 PM
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.
Posted by username
- Oct 26, 2005, 11:51 PMThanks 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.
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.
Posted by polyfool
- Oct 26, 2005, 11:10 PMusername,
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??
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??
Posted by username
- Oct 26, 2005, 01:22 AMHi 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!
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!