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.
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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