i was charged with assult with
deadly wepon mistameanor
i was only 13 i am now 18,and trying to join the navy
i went to the court to see what i can do about it ,and i asked i lawyer that i just saw walking and i showed him the paper and he said i cant petion to seal to destory,also it said there was no file in the courts about me ,it just said that i had a closed case with the probation deparment
also i never went to court or fingered printed,never went juvenil hall
i just got 6 months of informal probation,30 hour of community service and a class that i had to attend
What is your question? It sounds like you were to formally prosecuted, so there is nothing to "seal." Has some record of a juvenile offense come to light that is causing you problems? Recommend you contact the juvenile probation department.
Law Offices of Jay S. Finnecy (619) 855-3003 or (760) 522-7006 criminalattorneysd.com
Bring your documents to an experienced criminal defense attorney to discuss....a little more effort than just stopping a lawyer on the street might help you get the specific answers you need here.
Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555
The information from the lawyers below is correct. You have to go whatever state proceeding is available to you. But realize that with the downsizing of the military you may still not be able to enlist.
This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.
Criminal Defense Attorney
Have you attempted to enlist and beenrejected? It sounds like your case may have been subject to some kind of pre-trial diversion, so you may not have a delinquency determination. If you were arrested, however, you may turn up in an FBI search. You should discuss the specifics with your recruiter.
Law Office of Stephen P. Kelly (508) 983-1479--Criminal Defense, Military Law, Divorce & Family Law, Appeals. DISCLAIMER: Answers to posted questions are for general interest only and do not constitute legal advice. No attorney-client relationship is established by virtue of any answer posted by the attorney.
Criminal Defense Attorney
If you never went to court, were only supervised for 6 months with community service and a class, it sounds like you were handled informally under Welfare and Institutions Code 654 with the Probation Department or informally diverted. Typically speaking with variance from county to county, however, felonies are not handled informally so I am quite puzzled by your quandary.
I would talk to the probation department and have them explain what your file says. If they indicate that there was a "true finding," "admission," or "conviction" in your case, ask Probation to help seal your records, or bring your information and everything you learned from Probation to the Public Defender's Office and ask them to help you seal your records under Welfare and Institutions Code 781.
Keep in mind that arrests, even juvenile arrests, are maintained virtually forever in law enforcement databases such as the DoJ or FBI databases. The general public can never see the information in these databases but if you are applying for military admission or security clearances, you can count on the arrest showing up.
Answers to questions on Avvo are for general purposes only. Denise Crawford's answers are intended to contribute to the education and enrichment of the Avvo community and do not establish an attorney-client privilege with any particular user.
Military Law Attorney
Military recruiters evaluate potential recruits, and waivers are allocated, based on the underlying misconduct charged versus the actual outcome of the case. Unfortunately, in a lot of cases whether or not you are able to enlist may depend on how much effort the recruiter is willing to put forth. Currently, I have 2 clients who are working through similar issues so that they can enlist. Give me a call, I would be happy to discuss your options with you. The initial consult is always free. Good luck.