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  1. #1
    Join Date
    Mar 2008
    Posts
    10

    Default Background Check On Minor

    I am a minor (15) and shoplifted. The police were called down to the store however no charges were filed but the policeman took my information. Now I know that I don’t have a criminal record but these are my questions.

    I was never taken to a police station but was I still arrested?

    Is a background check the same thung as a criminal recod check?

    If I applied for a job at this age and a background check was done on me would anything turn up?

    Is it true that when you turn into 18 and are an adult your juvenile files are closed up, so that when criminal record checks are done only the arrests or offences done as an adult will show up?

    Id like to thank in advance for any responses.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Background Check On Minor

    I was never taken to a police station but was I still arrested?

    It doesn't sound that way, no.

    Is a background check the same thung as a criminal recod check?

    No. A criminal record check can be part of a background check, but a background check involves more than JUST a criminal record check.

    If I applied for a job at this age and a background check was done on me would anything turn up?

    From what you say, probably not, but there's no way to be certain.

    Is it true that when you turn into 18 and are an adult your juvenile files are closed up, so that when criminal record checks are done only the arrests or offences done as an adult will show up?

    In some states, yes. In other states, no.

  3. #3
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Background Check On Minor

    Quote Quoting tokiohotel
    View Post
    I am a minor (15) and shoplifted. The police were called down to the store however no charges were filed but the policeman took my information. Now I know that I don’t have a criminal record but these are my questions.

    I was never taken to a police station but was I still arrested?

    While in some aspects the defintion of arrest is not an academic one, here are my thoughts:

    By the officer, no. Unless the officer said, "You are under arrest", you were not, since the immediate charging of a crime had to follow.


    IF your state permits a citizen's arrest for NON felonies, no to the merchant also.

    Why:

    1. If you were told you were under citizens arrest, then the law will require the deliverance of your person to a person authorized to take you into custody, which you were not by the officer; OR delivering you themselves to a custodial house, jail, etc., so NO arrest took place.

    Even if the law permits citizens arrests as described, merchants I am sure, to do NOT authorize thier agents to do so, merely detaining them under the shoflifting laws suffices without possibly complicating the law and liability for unlawful arrest, false imprisonment etc.

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