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Can FBI background checks go into sealed juvenile criminal matters?

Posted on 9/25/18 at 3:44 pm
Posted by Y.A. Tittle
Member since Sep 2003
101305 posts
Posted on 9/25/18 at 3:44 pm
That's possibly what the Ford-Kavanaugh matter would have been (had it REALLY happened and been reported, of course).

I haven't seen this answered, so I don't know. Does anyone?
Posted by Oddibe
Close to some, further from others
Member since Sep 2015
6565 posts
Posted on 9/25/18 at 3:46 pm to
quote:

That's possibly what the Ford-Kavanaugh matter would have been (had it REALLY happened and been reported, of course). I haven't seen this answered, so I don't know. Does anyone?
I was wondering if Ford actually filed a police report tomorrow would it be treated as if they minors even though its 36 years later?
Posted by Weekend Warrior79
Member since Aug 2014
16322 posts
Posted on 9/25/18 at 3:47 pm to
Do not know the entire answer to your question, but I can tell you it can show up if you have ever been arrested and processed; even if the matter is sealed.
Posted by shinerfan
Duckworld(Earth-616)
Member since Sep 2009
22188 posts
Posted on 9/25/18 at 3:51 pm to
quote:

I was wondering if Ford actually filed a police report tomorrow would it be treated as if they minors even though its 36 years later?







Even if she found a police department willing to call it sexual assault the statute of limitations passed decades ago.
Posted by Oddibe
Close to some, further from others
Member since Sep 2015
6565 posts
Posted on 9/25/18 at 3:55 pm to
quote:

Even if she found a police department willing to call it sexual assault the statute of limitations passed decades ago.
There is no statute of limitations for certain degrees of sexual assault in Maryland. So how would that be handled?
Posted by lsufan1971
Zachary
Member since Nov 2003
18119 posts
Posted on 9/25/18 at 3:55 pm to
quote:

I was wondering if Ford actually filed a police report tomorrow would it be treated as if they minors even though its 36 years later?


Maryland statue of limitations for misdemeanor sexual assault is 1 year from the crime. There is no limit on Felony. I don't know what the minor age was in Maryland 36 years ago.

Based on her story this is a 4th degree attempted sexual assault under current Maryland law which would be a misdemeanor. SOL are up.
Posted by lsu13lsu
Member since Jan 2008
11474 posts
Posted on 9/25/18 at 3:56 pm to
My buddy had a drug charge as a minor and he says it was expunged. He said he had an FBI background check done for a bank interview and it came up. He thought it'd be completely cleared.

I don't know what expunged meant but I always thought it was crappy this guy was prevented from working because of it. He was a completely different person and it was years later.
Posted by Rebel
Graceland
Member since Jan 2005
131271 posts
Posted on 9/25/18 at 3:57 pm to
quote:

There is no statute of limitations for certain degrees of sexual assault in Maryland.


I’ve read there were statutes of limitations at the time the claims of titty grabbing were made. That is what law would apply.
Posted by lsufan1971
Zachary
Member since Nov 2003
18119 posts
Posted on 9/25/18 at 3:58 pm to
quote:

My buddy had a drug charge as a minor and he says it was expunged. He said he had an FBI background check done for a bank interview and it came up.


Expunged means the court proceedings get cleared at the local\state level. His arrest will never go away. Anytime you are arrested and you get fingerprinted on an AFIS livescan machine it goes into a national database. The FBI doesn't expunge arrest.
This post was edited on 9/25/18 at 3:59 pm
Posted by the808bass
The Lou
Member since Oct 2012
111498 posts
Posted on 9/25/18 at 4:28 pm to
quote:

Based on her story this is a 4th degree attempted sexual assault under current Maryland law which would be a misdemeanor


I believe that her lawyer helped her construct the story to be a felony. That’s why the choking is involved. It moves it to 3rd degree sexual assault which is a felony now with no SOL.

That would be some good line of questioning to see if her 2012 had the choking bit in it. I would guess it did not.
Posted by skeeter531
Member since Jun 2014
2406 posts
Posted on 9/25/18 at 4:44 pm to
government law enforcement agencies and military doing background checks will see the juvenile sealed records.
Posted by lsufan1971
Zachary
Member since Nov 2003
18119 posts
Posted on 9/25/18 at 4:44 pm to
quote:

believe that her lawyer helped her construct the story to be a felony. That’s why the choking is involved. It moves it to 3rd degree sexual assault which is a felony now with no SOL.


Yep forgot about the choking part.
Posted by KiwiHead
Auckland, NZ
Member since Jul 2014
27359 posts
Posted on 9/25/18 at 4:58 pm to
If any DA allowed for those charges to be filed, he ought to have law license pulled. 1) I doubt that a Montgomery County DA would really want to waste his/her time trying to chase down any corroborating witnesses. 2)How do you pin down the location, do you go and check out every house that was owned by a parent of Georgetown Prep at the time or the girl's school....for a Class 3 felony that would match the vague description that thus far has been reported ? IO could go on about a fool's errand

I don't care if Kavanaugh tried to cop a feel on Blasey when they were 15 and 17 respectively, you do a lot of stupid things as a kid as it applies to trying to land a member of the opposite sex.

Anything anyone does before the age of 21 other than a major verifiable felony(murder, straight up rape, armed robbery) should be off limits. Yeah, this was a case of boys being boys and you know what, nothing is wrong with that
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