Sealing/Expunging juvenile record if I want to become a peace officer?

Asked over 2 years ago - Santa Ana, CA

I got assault with a deadly weapon (a bat) as a minor, and went to juvenile court. I was protecting a friend at the time from repeated unwanted advances by another person. I was sent to camp for 9 months. This was almost 10 years ago, I am now 27 and have had a clean record since.

I have heard mixed answers so far. This mostly pertains to whether or not I was "convicted" because I have zero chance if it counts as a conviction. I have heard that it was an adjudication and not a conviction since it was in juvenile court.
Also, for the same reason, how does this affect my eligibility to possess a firearm? As I will obviously need to be able to do so in order to attend the police academy.

What steps do I need to take?

Attorney answers (3)

  1. Christine C McCall

    Pro

    Contributor Level 20

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    Lawyer agrees

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    Answered . There are two separate issues here:
    (1) whether you can qualify for POST certification which is required of all California peace officers; and
    (2) whether you can compete in the employment market and obtain employment by a law enforcement agency.

    Your prior crime is not a conviction; it is an adjudication. But that is not necessarily the definitive the end of the issue. Here is the web-site with the POST criteria, and you need to do some due diligence on the issue of your eligibility for POST cert:
    http://post.ca.gov/california-government-code-g... You may want to utilize legal counsel on this issue to assist you in interpreting and applying the criteria to your specific history.

    If you are cleared for POST certification, individual law enforcement agencies are free under State law to offer you employment as a peace officer. Some agencies will have in place department-specific employment policies that disallow employment of you, but most do not. Even so, you will need to compete with other candidates for employment for a position, and your juvenile history will be considered as part of your background investigation. So, depending on the facts and circumstances underlying the adjudication, you may or may not be successful in obtaining law enforcement employment.

    You may as well give it a shot. Worst case, you don't succeed and you won't be a cop. But you aren't going to be a cop in any event if you don't try. So, there is no real downside to making a run at it other than your investment of time and effort.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  2. Michael Leighton D'Antoni

    Contributor Level 10

    Answered . Contact the Juvenile Delinquency Division of the Orange County Public Defender's Office. They should help you. I know that the Delinquency Division of the San Diego County Public Defender's Office helps anyone who calls for a juvie sealing. They will also be able to look and see what you were adjudicated of. It will be important to see if it was a WIC 707(b) offense.

    Good Luck!

    Leighton D'Antoni
    Attorney at Law

    Criminal Defense Law Offices of Leighton D'Antoni
    Founders Square
    900 Jackson St. Suite 750
    Dallas, TX 75202
    (214) 960-9360 (phone)
    (214) 666-3901 (fax)
    DANTONILAW.COM

    *licensed to practice law in the States of Texas and California

    This response is NOT legal advice and we do not have an attorney client relationship. You should only follow... more
  3. Robert Lee Marshall

    Contributor Level 20

    Answered . Assault with a deadly weapon, Penal Code 245(a)(1), is one of the offenses listed in Welfare & Institutions Code 707(b).

    Under Penal Code 29280, a juvenile who was adjudged a ward of the court for commission of a 707(b) offense cannot possess a firearm until the age of 30.

    A juvenile adjudication for a 707(b) offense can not be sealed. (A so-called "expungement" is actually a dismissal of an adult conviction under Penal Code 1203.4, which wouldn't be helpful in your situation, even if it applied).

    What's more, it sounds like you were 16 or older at the time of the juvenile offense. Because your offense was a 707(b) offense and is also listed as a serious felony under Penal Code 1192.7(c)(23), it it a "strike" under the Three Strikes Law, which would increase the punishment for any future felony offenses.

    I don't like to discourage people, but as a criminal defense attorney, I can tell you that I would love to have this sort of information about any police officer who was testifying against one of my clients, and the District Attorney would have to disclose it to the lawyer for each and person you investigated or arrested. With that kind of liability, I doubt that any law enforcement agency would take the risk on hiring you, even if you were able to get POST certified.

    Please understand that this is a general discussion of legal principles by a California lawyer and does not create... more

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