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I would first like to say this is our first post and I am so happy to have a place to find answers from other adoptive/foster families. My husband and I are just begining our journey into adoption. We have talked many times about this but have finally decided to take the first step and tomorrow I will be making the first call. We know there is a background check involved. I have only had 1 or 2 traffic infractions and have otherwise been a model citizen. My husband, however, is a different story. He is an amazing man but had a troubled youth/young adult life. As a minor, he and a minor girl were caught being sexually active (he was 15 she was 14) and the parents pressed charges. He was convicted of rape and spent 3 years in Juvenile jail (or whatever you call it). After that he had problems with alcohol and was once charged but not convicted of receiving stolen property. Now, he is a 33 y/o man with no trouble in over 7 years and we are looking in to adopting. I know this is not a great story because I am terrified this will disqualify us from being able to become parents. Does anyone know how this type of situation is handled? He believes that this charge was adjudicated and sealed but he ran into his juvenile record being held against him for a job about 7 years ago. I would just like some advice as to whether or not we should continue looking into adoption because of his history. We are both professional, hard working adults but I know that there are laws and rules about this type of thing and I completely respect that. If you know anything about this or have any advice about this, please let me know. Thank you so much!
You can run your own background check and check the state files for sex offenders for his name online and see if it comes up. If it does you might consider taking steps to have that removed from the record if it is possible before you go into the whole process. That way at least you're aware of what they will be seeing and don't have to worry one way or another. Just be very forthcoming with your caseworker and your paperwork. If you lie that is definitely going to be an issue, vs. an old record.
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Whether it is adjunticated or not, you still are required to tell your social worker your criminal history. I can tell you that even 'sealed' juvenile records can show up in some way on a criminal records check. It may simply show up that you were 'arrested', and not give details, but it's likely that something may show up....so it is best to be honest.
I can't really tell you whether these two events will stop you from adopting...only a social worker could answer that. I would check with someone right away and tell them the truth and they should be able to tell you pretty quickly whether that would keep you from being approved to adopt.
If you are planning on adopting from fostercare I would contact the agency and get the list of specific reasons for possible denial. Once you know that then be 100% honest about what's on his record with the CW. Just because the record was sealed doesn't mean it won't show up in the background check. We had a family in our class complete training and then ended up being denied because of something they left out of their disclosure forms. Their DD had made a false report to CPS when she was a teen and the case was closed as unfounded. Because they didn't disclose that the agency did not approve them because they could be potentially withholding additional information.
Before you go any further I would do as suggested and ask a social worker or the agency. They may take into consideration that he has a clean record for some time. Best of luck!
Hello! This thread started a long time ago, but we are in a similar situation and I'm wondering if worked out for anyone to adopt who had a misdemeanor. My partner was convicted 6 years ago of a crime he didn't commit, and we are hoping to adopt but it looks like it's going to difficult and maybe not even helpful to get that record sealed. Any resources would be much appreciated.
Another question: if it's carried through as a private adoption, will they still do an FBI records check?
Last update on October 29, 4:20 pm by Ashlee Kleinhammer.
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