Legal Question in Criminal Law in Utah

Juvenile Felony Conviction in Utah vs. Job Application

Will a juvenile felony conviction in Utah turn up in a Criminal Background search if the juvenile record has not been expunged?

I was told by a District Attorney many years ago that a ''juvenile felony conviction'' is not a felony conviction and does not need to be reported on job applications. Will answering ''no'' to such a question void future employment rights and/or any legal grounds, because the answer given was not true? Or is it true that no felony conviction has occured?


Asked on 12/14/00, 2:45 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Juvenile Felony Conviction in Utah vs. Job Application

We have separate juvenile courts so that the indiscretions and criminal acts of the young will not follow them and hinder them for the rest of their lives. A juvenile adjudication is that of a child in need of supervision or a similar finding, and is not, technically, a felony conviction even though such would be a felony if committed by an adult. There can be felony conviction in adult court, but not in juvenile court by definition, unless the juvenile is tried and found guilty as an adult.

Having a juvenile adjudication on one's record entitles one to answer in the negative on job applications and elsewhere to the question of having ever been convicted of a crime. A juvenile adjudication is not a conviction of a crime, it is a juvenile adjudication.

Juvenile records are sealed and not available for public inspection. Therefore, most employers will not have access to it. There are exceptions for those employed in sensitive government positions requiring Q clearances and such, but the average applicant will have the juvenile record protected and unavailable.

There will always be a police record of an arrest, but that is not what the question usually asks and so should not be a problem. I suggest one wouldn't want to work for a company which asked if one had ever been arrested.

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Answered on 12/15/00, 9:12 am


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