I guess the real question would really be: If the government can see a felony has taken place (through a FBI or CIA backgound check),even though sealed, do they have the right to hold it against you? Does SEALED = forgiven, excused, or not applicable for a juvenile? I was hoping that there would be a law in place to protect juveniles from holding this against them once they are adults. The felony was vandalism. He was 16 at the time of the crime.
I would like to hear more than one response to my question. My son needs some hope for the future. Thank you.
Sealed does not mean it did not happen. The government may well have access to it and discharge him for lying about it. He should disclose it to the recruiter and ask for advice on how to deal with it. But the military wants to know and does not want to be deceived and the chances are they will find out at some point.
This response is for informational purposes only and is not offered as legal advice.
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Criminal Defense Attorney
Having a sealed juvenile record is suppose to be deemed as though it never happened. However, when dealing with gov't agencies, it gets a little trickier.
I had a client who had a juvenile record that was sealed but did not qualify for the marines, army, or air force but did qualify for the navy.
I think the best thing to do is to go talk to the recruiting officer as mentioned and see what they can do for him.