Q: I was arrested for the following when I was 12.. I am now 26 and recently made contact with the attorney
that represented me in juvenile court. He suggested and is confident we can successfully unseal my record, file a motion to reduce all felonies to misdemeanors, file a secondary motion to have the case dismissed by a judge, and re-seal the record. By doing so, will that make me eligible for enlistment? I am seeking a SO contract and will eventually need a security clearance. Will this be discovered during the background check? Will the case being dismissed by a judge make any sort of difference than not taking those legal steps?
Conspiracy to Commit a Crime (felony – 182PC): Dismissed
Burglary, 2nd degree (misdemeanor – 460BPC): Dismissed
Vandalism, $400 or less (misdemeanor – 594b2PC): Dismissed
Vandalism, $400 or more (felony – 594b1PC) x 2: Dismissed x 2
Vandalism, $400 or more (felony – 594b1PC) x 4: Sustained x 4
Theft, $100 or less (misdemeanor – 484PC): Sustained
Theft (misdeameanor– 484PC): Dismissed
A:
CA Penal Code 17b relates to reductions of crimes for juveniles, depending on the circumstances. See: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=17.
As for information in a background check, typically such checks uncover all arrests that are publicly listed; but it depends on the thoroughness of the background check and the entity running the check. As for whether it will preclude you from a particular job with the US government, for example, again that depends on the job and security detail related to the position. Also see: https://www.courts.ca.gov/1070.htm.
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