Can I correct or reduce a wrongful/exaggerated charge?

Asked over 1 year ago - San Jose, CA

When I was 13 I was arrested for assault on a family member and was sentenced at juvenile court.

I accepted punishment and served the time. Years later a different man I go to enlist in the military and find that I am unable due to the fact the charge was a PC245(a)(1) felony lowered to a misdemeanor. This shocked me. I went and reviewed all my juvenile files and spoke first hand with the victim and nothing appears to warrant such a harsh sentence. It appears to be an assault and battery charge or aggravated assault at worst. Is there any way to reduce the charge to a lesser degree or place the charge more appropriate to the crime? I did the time but now that I am older and more capable of understanding the circumstances the charge seems unjust.

Attorney answers (2)

  1. Vijay Dinakar


    Contributor Level 17


    Lawyer agrees


    Answered . You need to have the matter sealed. This may or may not affect the military's decision regarding your fitness since they may have already seen the charge. However, if you want help in working through this matter - with the juvenile court and helping to process you military application - don't hesitate to give me a call. I offer a free consultation: 408.313.5607 Best of luck.

  2. Donald Gray Drewry

    Contributor Level 12

    Answered . I agree that you should have the record sealed. As far as reducing the charge, that is going to be difficult years later. However, if you get the record sealed, you may not have to disclose it when applying for a job. There are exceptions to that, for example, government jobs.

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